Blencoe v. British Columbia (Human Rights Commission)

Blencoe v British Columbia (Human Rights Commission)
Supreme Court of Canada
Hearing: January 24, 2000 Judgment: October 5, 2000
Full case name	The British Columbia Human Rights Commission, the Commissioner of Investigation and Mediation, the British Columbia Human Rights Tribunal and Andrea Willis v. Robin Blencoe
Citations	2000 SCC 44, [2000] 2 S.C.R. 307
Docket No.	26789
Prior history	Judgment for Blencoe in the British Columbia Court of Appeal.
Ruling	Appeal allowed.
Holding
Section 7 of the Canadian Charter of Rights and Freedoms applies to administrative bodies, such as human rights tribunals. "Liberty" in section 7 of the Charter is broader than physical liberty, and includes where state compulsions or prohibitions affect life choices. "Security of the person" in section 7 of the Charter includes psychological harm, but the harm must be caused by state actions, and must be serious. Section 7 of the Charter outside of a criminal law context does not include the principles in section 11(b) of the Charter.
Court Membership
Chief Justice: Beverley McLachlin Puisne Justices: Claire L'Heureux-Dubé, Charles Gonthier, Frank Iacobucci, John C. Major, Michel Bastarache, Ian Binnie, Louise Arbour, Louis LeBel
Reasons given
Majority	Bastarache J., joined by McLachlin C.J. and L’Heureux-Dubé, Gonthier, and Major JJ.
Concur/dissent	LeBel J., joined by Iacobucci, Binnie, and Arbour JJ.

Blencoe v British Columbia (Human Rights Commission), [2000] 2 S.C.R. 307 is a leading Supreme Court of Canada decision on the scope of section 7 of the Canadian Charter of Rights and Freedoms, and on the administrative law principle of natural justice.

Robin Blencoe had been a minister of the British Columbia government for several years when Fran Yanor went public with a claim of sexual harassment and filed to the British Columbia Human Rights Council (later the British Columbia Human Rights Commission). Several months later two other women filed complaints for sexual harassment.

Due to delays to the tribunal hearings the claims were not resolved for 30 months after the first filing in 1995.

During this time Blencoe was subjected to vast media coverage that contributed to the ruin of his career, and to his and his family's social and psychological hardship.

Blencoe challenged the delay of the Human Rights Commission in the British Columbia Supreme Court on the basis of denial of natural justice. The court dismissed his challenge.

Blencoe appealed to the British Columbia Court of Appeal on the basis that the delay of the hearing for over 30 months was a violation of his right to "security of person" under section 7 of the Charter. The Court found in favour of Blencoe and ordered the charges against him to be stayed. The Court held that the delay stigmatized him and caused undue harm to him and his family, which violated his rights under section 7 of the Charter.

The issues appealed to the Supreme Court were:

The Court in a five-to-four decision overturned the decision of the Court of Appeal, and held that the delay did not violate the Charter or administrative law.

Justice Bastarache, writing for the majority, dismissed Blencoe's claim and held that the tribunal should proceed.

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