''Blencoe v British Columbia (Human Rights Commission)'',

000 Triple zero, Triple Zero, Zero Zero Zero, Triple 0, Triple-0, 000, or 0-0-0 may refer to: * 000 (emergency telephone number), the Australian emergency telephone number * "Triple Zero", a song by AFI (band), AFI from ''Shut Your Mouth and Open Your ...

2 S.C.R. 307 is a leading

Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...

decision on the scope of section 7 of the

Canadian Charter of Rights and Freedoms The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part o ...

, and on the administrative law principle of

natural justice In English law, natural justice is technical terminology for the rule against bias (''nemo iudex in causa sua'') and the right to a fair hearing ('' audi alteram partem''). While the term ''natural justice'' is often retained as a general c ...

Background

Robin Blencoe had been a minister of the

British Columbia British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, ...

government for several years when Fran Yanor went public with a claim of

sexual harassment Sexual harassment is a type of harassment involving the use of explicit or implicit sexual overtones, including the unwelcome and inappropriate promises of rewards in exchange for sexual favors. Sexual harassment includes a range of actions fro ...

and filed to the British Columbia Human Rights Council (later the

British Columbia Human Rights Commission The British Columbia Human Rights Tribunal is a quasi-judicial human rights body in British Columbia, Canada. It was established under Human Rights Code (British Columbia), British Columbia's ''Human Rights Code''. It is responsible for "accepting ...

). 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 British may refer to: Peoples, culture, and language * British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies. ** Britishness, the British identity and common culture * British English, ...

on the basis of denial of natural justice. The court dismissed his challenge. Blencoe appealed to the

British Columbia Court of Appeal The British Columbia Court of Appeal (BCCA) is the highest appellate court in the province of British Columbia, Canada. It was established in 1910 following the 1907 Court of Appeal Act. The BCCA hears appeals from the Supreme Court of Britis ...

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 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 defined and guaranteed by the European Convention on Human Rights, th ...

" 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. In a five-to-four decision, the Court 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

tribunal A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single ...

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'."para. 46 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 In Canadian and New Zealand law, fundamental justice is the fairness underlying the administration of justice and its operation. The principles of fundamental justice are specific legal principles that command "significant societal consensus" as ...

. 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 Liberty is the ability to do as one pleases, or a right or immunity enjoyed by prescription or by grant (i.e. privilege). It is a synonym for the word freedom. In modern politics, liberty is understood as the state of being free within society fr ...

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 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 LeBel, in dissent, held that there was a violation of administrative law; however, he did not consider this to be a ''Charter'' issue.

References

External links

* {{DEFAULTSORT:Blencoe V. British Columbia (Human Rights Commission) Section Seven Charter case law Canadian administrative case law Supreme Court of Canada cases Labour relations in Canada 2000 in Canadian case law Sexual harassment in Canada Political controversies in Canada British Columbia society Harassment case law Labour relations in British Columbia