Canada (Canadian Human Rights Commission) v. Canada (Attorney General)
Canadian Human Rights Commission, Legal Services Branch
Attorney General of Canada
Dr. Amir Attaran
Law Firm / Organization
Unrepresented
Chinese & Southeast Asian Legal Clinic
Lawyer(s)

Penny Zhang

- Parties: The applicant was the Canadian Human Rights Commission, Legal Services Branch. The respondents were the Attorney General of Canada, Dr. Amir Attaran, and Chinese & Southeast Asian Legal Clinic. 

- Subject Matter: The applicant Dr. Amir Attaran brought a complaint alleging that Immigration, Refugees and Citizenship Canada engaged in discriminatory practices based on race, national or ethnic origin, age, and family status in the “provision of services” customarily available to the general public under s. 5 of the Canadian Human Rights Act, 1985. On July 4, 2023, the Canadian Human Rights Tribunal dismissed the human rights complaint. Both Attaran and the Canadian Human Rights Commission – which participated in the hearing before the tribunal and generally supported Attaran’s position – brought consolidated judicial review applications challenging the tribunal’s decision under s. 18.1 of the Federal Courts Act, 1985. 

- Ruling: The court ruled in the applicant’s favour, granted the judicial review application, set aside the decision, and remanded these matters for reconsideration by a differently constituted panel of the tribunal. The court held that a reasonable apprehension of bias arose on the part of the panel member against Dr. Attaran, given the member’s unexpected completion of his reasons with a “Bias Allegation Addendum.” The court concluded that the panel lost the necessary objectivity needed for tribunal members. 

- Date: The hearing was set on Oct. 29, 2024. The court released its decision on Jan. 3, 2025. 

- Venue: This was a federal case before the Federal Court. 

- Amount: The court awarded no costs. 

Federal Court
T-1539-23
Human rights
$ 0
Applicant
24 July 2023