Warman versus Lemire - A Day at the Human Rights Tribunal
March 27, 2008 Canadian Politics, Freedom of Speech 3 CommentsBy Dalwhinnie
Notes from the HRC Tribunal Hearing of Warman vs. Lemire
Background
The hearing in Ottawa on Tuesday was the last in a five week-long process concerning a prosecution of Marc Lemire under section 13.1 of the Canadian Human Rights Act, titled Richard Warman, complainant, and CHRC versus Lemire, respondent. Most of the hearings had occurred in 2007.
The Human Rights Commission had previously sought to exclude its staff from being questioned about their investigative techniques, or to be identified at all, on the grounds that they would be subject to real and substantial risk. The presiding judge of the Human Rights Tribunal, Athanasios Hadjis, had previously ruled that these employees might be questioned, but without third parties present. The respondent Marc Lemire had also gone to the Federal Court to compel the production of evidence, which the Human Rights Commission subsequently allowed him to have. The fact that the Commission was seeking in court to prevent the disclosure of information that it had already given to Marc Lemire weighed heavily in Judge Hadjis’ revoking his own decision.
Judge Hadjis changed his mind, rescinded his previous order, and allowed questioning to go ahead. This resulted in the proceedings of Tuesday March 26th in Ottawa.