Can a panel member review the decision of the Chief Commissioner to dismiss a complaint?

Saskatchewan, Canada


The following excerpt is from Bastian v. Saskatoon Police Service, 2008 CanLII 93192 (SK HRT):

Following my decision in Sleeva v. Penguin Holdings Ltd., supra, the power of a tribunal panel member to review the decision of the Chief Commissioner to dismiss a complaint is analogous to a re-examination or reconsideration of the issue. This means that I must determine whether any of the circumstances indicated in 27.1(2) exist in the present case, without according any deference to the Chief Commissioner's decision. Subsection 27.1(2) reads: 27.1(2) At any time after a complaint is filed or initiated pursuant to section 27, the Chief Commissioner, or person designated by the Chief Commissioner, may dismiss the complaint where he or she is of the opinion that: (a) the best interests of the person or class of persons on whose behalf the complaint was made will not be served by continuing with the complaint; (b) the complaint is without merit; (c) the complaint raises no significant issue of discrimination; (d) the substance of the complaint has been appropriately dealt with pursuant to another Act or proceeding; (e) the complaint is made in bad faith or for improper motives or is frivolous or vexatious; (f) there is no reasonable likelihood that an investigation will reveal evidence of a contravention of this Act; or (g) the complaint arises out of circumstances for which an exemption order has been made pursuant to section 48.

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