ENFORCEMENT AND PROCEDURE - Commissions - Decision

Law360 Canada (September 15, 2023, 9:36 AM EDT) -- Appeal by Province from application judge’s decision dismissing its application for judicial review on grounds that Human Rights Commission’s (Commission) decision was unreasonable. Blaney served in the Legislative Assembly continuously until she announced her resignation and accepted an appointment with Efficiency NB. She signed a five-year contract with the Province. The Liberal Party took steps to remove Blaney from her position and eliminate Efficiency NB by enacting An Act to Dissolve the Energy Efficiency and Conservation Agency of New Brunswick. Blaney’s access to her computer and office was blocked, she was told not to report for work, and was asked to remove her personal belongings from her office immediately. Blaney filed her Complaint with the Commission. The Province denied the complaint and asked the Commission that it be dismissed. The Commission asked to interview two government representatives who interacted with Blaney, but the Province refused, arguing the Commission did not have jurisdiction to investigate. The Commission advised the investigation with respect to issues that predated the retroactive effect of the Act to Dissolve would proceed. The Province filed an application for judicial review of the Commission’s decision. The Commission concluded its investigation and referred the matter to the Board of Inquiry. The Province filed another application for judicial review, seeking to quash the referral to the Board of Inquiry. The application judge ruled the Commission’s decision to refer the matter to the Board of Inquiry should not be quashed and he dismissed the application....
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