The Respondent sought judicial review of the Commission’s decision to refer the Complainant’s complaint back for further investigation. The Complainant requested an adjournment in order to obtain a lawyer from Yukon Legal Services. Yukon Legal Services denied the request but stated they would reconsider if there was a court order stating the Commission does not have jurisdiction to assist or if the Commission provided a letter explaining why they could not represent the Complainant.

The Commission asked the Court to appoint an amicus curiae to assist the Complainant, which the Respondent opposed. The court found that the Commission’s role during the judicial review was limited to the question of whether the Commission treated the Respondent fairly and to refer the court to cases on the issue of bias and the test to be applied. The Court found that given the presence of the Commission to provide case law and the test for bias, and given that the Complainant was reasonably able to participate in the proceedings, they did not need to appoint an amicus curiae for the Complainant.

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