01 Nov 2011 Upholding the law, as it was written
National Post Editorial, Nov 1 2011: On Friday, the Supreme Court of Canada ruled that the Canadian Human Rights Tribunal (CHRT) cannot order the reimbursement of legal costs incurred by federal human rights complainants. The court’s decision may well discourage some complainants from bringing cases to the tribunal.
But the unanimous decision by the justices was the legally correct one. To have found that the tribunal had the power to award costs would have amounted to judicial activism. If Parliament had wanted to give the tribunal the authority to make such awards, it could have spelled that out directly. But it didn’t. Keep reading
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