name: Warman v. Lemire
unofficial_text: Warman v. Lemire
  Collection
  Canadian Human Rights Tribunal
  Date
  2006-03-14
  Neutral citation
  2006 CHRT 13
  File number(s)
  T1073/5405
  Decision-maker(s)
  Hadjis, Athanasios
  Decision type
  Ruling
  Decision Content
  CANADIAN HUMAN RIGHTS TRIBUNAL TRIBUNAL CANADIEN DES DROITS DE LA PERSONNE
  RICHARD WARMAN
  Complainant
  - and -
  CANADIAN HUMAN RIGHTS COMMISSION
  Commission
  - and -
  MARC LEMIRE
  Respondent
  - and -
  ATTORNEY GENERAL OF CANADA
  CANADIAN ASSOCIATION FOR FREE EXPRESSION
  CANADIAN FREE SPEECH LEAGUE
  CANADIAN JEWISH CONGRESS
  FRIENDS OF SIMON WIESENTHAL CENTER FOR HOLOCAUST STUDIES
  LEAGUE OF HUMAN RIGHTS OF B'NAI BRITH
  Interested Parties
  RULING
  2006 CHRT 13 2006/03/14
  MEMBER: Athanasios D. Hadjis
  [1] The Canadian Human Rights Commission has brought a motion requesting that the complaint dated September 7, 2003, be amended to add sexual orientation as one of the prohibited grounds on the basis of which the Respondent is alleged to have discriminated against persons or groups of persons. The Complainant has not made any submissions in regard to the motion, but I can safely assume that he endorses the Commission's motion.
  [2] Respondent Counsel has informed the Tribunal that her client takes no position on the motion.
  [3] I have reviewed the Commission's motion and its supporting documentation. It is evident that the proposed amendment does not rely on new facts. It stems from the same set of facts already contained in the complaint form.
  [4] Furthermore, it is not plain and obvious that the amendments to the allegations could not possibly succeed.
  [5] The Commission's motion is therefore granted. The complaint will be amended to include sexual orientation to the list of grounds on the basis of which the Respondent is alleged to have discriminated against persons or groups of persons.
  [6] The Respondent had requested leave to file further submissions on his constitutional motion, in the event that the Commission's motion was granted. I have already directed that the constitutional question will be addressed along with all the other final submissions, at the end of the hearing. However, I take it that the Respondent is seeking, in light of the amendment, to complete his Statement of Particulars, Disclosure, and Production, pursuant to Rule 6 of the Tribunal's Rules of Procedure, by also addressing the additional ground of sexual orientation.
  [7] Accordingly, I direct that the Respondent may do so by the date when he was already scheduled to file his expert reports, April 24, 2006.
  signed by
  Athanasios D. Hadjis
  OTTAWA, Ontario
  March 14, 2006
  PARTIES OF RECORD
  TRIBUNAL FILE:
  T1073/5405
  STYLE OF CAUSE:
  Richard Warman v. Marc Lemire
  RULING DATED:
  March 14, 2006
  APPEARANCES:
  Richard Warman
  On his own behalf
  Giacomo Vigna / Ikram Warsame
  On behalf of the Canadian Human Rights Commission
  Barbara Kulaszka
  On behalf of the Respondent
  Simon Fothergill
  On behalf of the Attorney General of Canada
  Paul Fromm
  On behalf of the Canadian Association for Free Expression
  Douglas H. Christie
  On behalf of the Canadian Free Speech League
  Marvin Kurz
  On behalf of the League of Human Rights of B'nai Brith and on behalf of counsel for the Canadian Jewish Congress and the Friends of Simon Wiesenthal Center for Holocaust Studies
  