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November 27th, 2012
Committee meeting

Susheel Gupta

Justice committee  If you give me one moment....

November 27th, 2012
Committee meeting

Susheel Gupta

Justice committee  There are three Montreuil cases and the Kavanaugh, which you cited. I believe Kavanaugh was upheld on judicial review by the Federal Court. Montreuil v. Canadian Forces Grievance Board, 2007, was also upheld on judicial review by the Federal Court. The other two I believe were

November 27th, 2012
Committee meeting

Susheel Gupta

Justice committee  That's my understanding.

November 27th, 2012
Committee meeting

Susheel Gupta

Justice committee  No, that.... A complainant is required to bring their own case forward.

November 27th, 2012
Committee meeting

Susheel Gupta

Justice committee  I think Mr. Fine could answer that. Not in every case does the commission participate at the tribunal.

November 27th, 2012
Committee meeting

Susheel Gupta

Justice committee  That is correct.

November 27th, 2012
Committee meeting

Susheel Gupta

Justice committee  That is correct. It's up to each individual member to decide, in their own case, how strict to be with the rules of evidence.

November 27th, 2012
Committee meeting

Susheel Gupta

Justice committee  Neither party is able to.

November 27th, 2012
Committee meeting

Susheel Gupta

Justice committee  I didn't try to avoid it. The tribunal's role is really to apply the law as Parliament has written it and according to instructions received from the courts. We really don't take a position on whether including the definition would assist the tribunal. I stated as fact in my open

November 27th, 2012
Committee meeting

Susheel Gupta

Justice committee  I'll just state—and perhaps Mr. Fine has more to offer—that as a tribunal is an adjudicated body, I can't really provide an opinion on that. Our cases have spoken for themselves and will continue to speak....

November 27th, 2012
Committee meeting

Susheel Gupta

Justice committee  Under the current case law, that's correct.

November 27th, 2012
Committee meeting

Susheel Gupta

Justice committee  I do. Thank you, Mr. Chair. Good afternoon, and thank you very much, Mr. Chair and honourable members, for the invitation to appear before your committee today as you deliberate Bill C-279. I thought I would begin by taking a few moments to discuss the mandate of the Canadian H