Blencoe v. British Columbia (Human Rights Commission)
Encyclopedia
Blencoe v. British Columbia (Human Rights Commission), [2000] 2 S.C.R. 307 is a leading Supreme Court of Canada
decision on the scope of section 7
of the Canadian Charter of Rights and Freedoms
, and on the administrative law principle of natural justice
.
was a minister of the British Columbia
government for several years when Fran Yanor went public with a claim of sexual harassment
and filed to the British Columbia Human Rights Council (later the British Columbia Human Rights Commission). Several months later two other women filed complaints for sexual harassment.
Due to delays to the tribunal hearings the claims were not resolved for 30 months after the first filing in 1995.
During this time Blencoe was subjected to vast media coverage that contributed to the ruin of his career, and to his and his family's social and psychological hardship.
Blencoe appealed to the British Columbia Court of Appeal
on the basis that the delay of the hearing for over 30 months was a violation of his right to "security of person
" under section 7 of the Charter. The Court found in favour of Blencoe and ordered the charges against him to be stayed. The Court held that the delay stigmatized him and caused undue harm to him and his family, which violated his rights under section 7 of the Charter.
The issues appealed to the Supreme Court were:
The Court in a five-to-four decision overturned the decision of the Court of Appeal, and held that the delay did not violate the Charter or administrative law.
should proceed.
The process of analyzing section 7, states Bastarache, has two steps. First, it must be determined if there has been a violation of life, liberty, or security of person. Second, the violation must be shown to be contrary to the principles of fundamental justice
.
Bastarache examined the meaning of "liberty" and "security of person". "Liberty", he argues, is related to personal autonomy. It is "engaged where state compulsions
or prohibitions affect important and fundamental life choices." "Security of person" concerns psychological harm. It must be established that the state caused actual psychological harm, and that there have been serious injuries.
Considering Blencoe's claims, Bastarache found that there was no violation of liberty
as the delay did not affect any fundamental life choices. There was also no violation of security of person as the harm was caused by the accusations not by the delay itself, which did not have much effect one way or another.
Bastarache
considered whether the delay violated natural justice by causing serious harm to Blencoe. He found that the harm only amounted to personal hardship and was not serious.
He then considered whether the delay violated natural justice by bringing the Human Rights Commission into disrepute. The Court noted that many of the delays were contributed to by Blencoe or consented to by him. Consequently, the Commission was not brought into disrepute.
, in dissent, held that there was a violation of administrative law, however, he did not consider this to be a Charter issue.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision on the scope of section 7
Section Seven of the Canadian Charter of Rights and Freedoms
Section Seven of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section, namely the right to life, liberty, and...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
, and on the administrative law principle of natural justice
Natural justice
Natural justice is a term of art that denotes specific procedural rights in the English legal system and the systems of other nations based on it. Whilst the term natural justice is often retained as a general concept, it has largely been replaced and extended by the more general "duty to act fairly"...
.
Background
Robin BlencoeRobin Blencoe
Robin Blencoe was a politician in British Columbia, Canada. He was elected to represent the riding of Victoria-Hillside in the Legislative Assembly of British Columbia in 1983, 1986 and 1991. He served in the Cabinet of Mike Harcourt as Minister of Municipal Affairs, Minister of Government...
was a minister of the British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
government for several years when Fran Yanor went public with a claim of sexual harassment
Sexual harassment
Sexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and...
and filed to the British Columbia Human Rights Council (later the British Columbia Human Rights Commission). Several months later two other women filed complaints for sexual harassment.
Due to delays to the tribunal hearings the claims were not resolved for 30 months after the first filing in 1995.
During this time Blencoe was subjected to vast media coverage that contributed to the ruin of his career, and to his and his family's social and psychological hardship.
Judicial History
Blencoe challenged the delay of the Human Rights Commission in the British Columbia Supreme Court on the basis of denial of natural justice. The court dismissed his challenge.Blencoe appealed to the British Columbia Court of Appeal
British Columbia Court of Appeal
The British Columbia Court of Appeal is the highest appellate court in the province of British Columbia, Canada. The BCCA hears appeals from the Supreme Court of British Columbia and a number of boards and tribunals. The BCCA also hears criminal appeals from the Provincial Court of British...
on the basis that the delay of the hearing for over 30 months was a violation of his right to "security of person
Security of person
Security of the person is a basic entitlement guaranteed by the Universal Declaration of Human Rights, adopted by the United Nations in 1948. It is also a human right explicitly mentioned and protected by the Constitution of Canada, the Constitution of South Africa and other laws around the...
" under section 7 of the Charter. The Court found in favour of Blencoe and ordered the charges against him to be stayed. The Court held that the delay stigmatized him and caused undue harm to him and his family, which violated his rights under section 7 of the Charter.
The issues appealed to the Supreme Court were:
- Whether the delay violated Blencoe's section 7 rights.
- Whether the delay violated the administrative law rule against undue delay.
The Court in a five-to-four decision overturned the decision of the Court of Appeal, and held that the delay did not violate the Charter or administrative law.
Reasons of the court
Justice Bastarache, writing for the majority, dismissed Blencoe's claim and held that the tribunalTribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
should proceed.
Section 7
Justice Bastarache examines the applicability of section 7. He finds that section 7 can extend "beyond the sphere of criminal law, at least where there is 'state action which directly engages the justice system and its administration'."The process of analyzing section 7, states Bastarache, has two steps. First, it must be determined if there has been a violation of life, liberty, or security of person. Second, the violation must be shown to be contrary to the principles of fundamental justice
Fundamental justice
Fundamental justice is a legal term that signifies a dynamic concept of fairness underlying the administration of justice and its operation, whereas principles of fundamental justice are specific legal principles that command "significant societal consensus" as "fundamental to the way in which the...
.
Bastarache examined the meaning of "liberty" and "security of person". "Liberty", he argues, is related to personal autonomy. It is "engaged where state compulsions
Compulsions
Compulsions is a Drama web series which debuted Dec 01, 2009 on Dailymotion.com. Compulsions is the internal character story of Mark Sandler , an admitted Sadist leading a life with a dull desk job...
or prohibitions affect important and fundamental life choices." "Security of person" concerns psychological harm. It must be established that the state caused actual psychological harm, and that there have been serious injuries.
Considering Blencoe's claims, Bastarache found that there was no violation of liberty
Liberty
Liberty is a moral and political principle, or Right, that identifies the condition in which human beings are able to govern themselves, to behave according to their own free will, and take responsibility for their actions...
as the delay did not affect any fundamental life choices. There was also no violation of security of person as the harm was caused by the accusations not by the delay itself, which did not have much effect one way or another.
Administrative delay
The issue identified by Bastarache was "whether the delay in this case could amount to a denial of natural justice even where the respondent's ability to have a fair hearing has not been compromised." He dismissed the possibility that the trial was not fair as he saw no evidence to suggest that Blencoe was not able to provide a full answer and defence.Bastarache
Michel Bastarache
J. E. Michel Bastarache is a Canadian lawyer, businessman, and retired puisne justice on the Supreme Court of Canada....
considered whether the delay violated natural justice by causing serious harm to Blencoe. He found that the harm only amounted to personal hardship and was not serious.
He then considered whether the delay violated natural justice by bringing the Human Rights Commission into disrepute. The Court noted that many of the delays were contributed to by Blencoe or consented to by him. Consequently, the Commission was not brought into disrepute.
Dissent
Justice LeBelLouis LeBel
Louis LeBel is a puisne justice on the Supreme Court of Canada.LeBel was born in Quebec City. He was the son of lawyer Paul LeBel, Q.C. He went to school at the Collège des Jésuites, graduating with a BA in 1958 from College des Jesuites. He earned his law degree at Université Laval in 1962 and...
, in dissent, held that there was a violation of administrative law, however, he did not consider this to be a Charter issue.