Canadian Human Rights Commission, et al. v. Attorney General of Canada

Supreme Court Hearings

Canadian Human Rights Commission, et al. v. Attorney General of Canada

Canadian Human Rights Commission, et al. v. Attorney General of Canada – December 13, 2010
Case #33507
At issue in this appeal is whether the Canadian Human Rights Tribunal has the authority to award legal costs.
Donna Mowat is a former Master Corporal with the Canadian Armed Forces. In 1998, Mowat filed a sexual discrimination and harassment complaint against the Forces with the Canadian Human Rights Commission. Her complaint included an allegation of sexual harassment. Mowat was seeking compensation of more than $430,000.
In 2005, the Canadian Human Rights Tribunal dismissed all of Mowat’s allegations, except for her sexual harassment claim. She was awarded $4,000 plus interest in damages for pain and suffering.
Mowat was also awarded $47,000 for legal costs. The Attorney General of Canada applied for a judicial review of the Tribunal’s decision. The Federal Court of Appeal ruled that the Tribunal did not have the authority to award legal costs.