Coroy v. Canada (Royal Mounted Police)
TRENT COROY
Law Firm / Organization
RavenLaw LLP
ROYAL CANADIAN MOUNTED POLICE
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Samar Musallam

  • Background: Trent Coroy filed a human rights complaint against the Royal Canadian Mounted Police (RCMP), alleging discrimination based on sex, family status, and disability. He claimed the RCMP inaccurately recorded incidents of intimate-partner violence, affecting his claim for support from the Victims of Crime program.

  • Issue: The Canadian Human Rights Commission declined to address Coroy's complaint due to a delay in submission, citing failure to provide a reasonable explanation for the delay.

  • Decision: The Federal Court overturned the Commission's decision, finding it procedurally unfair and unreasonable. The Court criticized the Commission for not addressing core elements of Coroy's complaint and for imposing a rigid page limit on his response submissions, which was seen as a fettering of discretion.

  • Key Points:

    1. Procedural Unfairness: The Court identified procedural unfairness in the Commission's refusal to consider Coroy's additional materials despite its discretion to accept longer submissions.
    2. Reasonableness of Decision: The Court ruled the Commission's decision unreasonable, lacking in justification, transparency, and intelligibility.
    3. Discretionary Powers: The Court highlighted the importance of the Commission's proper exercise of its discretionary powers, especially in cases involving procedural fairness.
  • Conclusion: The case was returned to the Commission for redetermination, emphasizing the need for procedural fairness and reasonable decision-making in handling human rights complaints.

Federal Court
T-1210-22
Human rights
Applicant
10 June 2022