Substance of the complaint appropriately dealt with in another proceeding
Section 27(1)(f)
Section 27(1)(f) of the Human Rights Code allows the Human Rights Tribunal to dismiss a complaint if it was appropriately dealt with in another proceeding:
Dismissal of a complaint
27 (1) A member or panel may, at any time after a complaint is filed and with or without a hearing, dismiss all or part of the complaint if that member or panel determines that any of the following apply:
(f) the substance of the complaint or that part of the complaint has been appropriately dealt with in another proceeding;
General principles
British Columbia (Workers' Compensation Board) v. Figliola, 2011 SCC 52. Under s. 27(1)(f), the Tribunal may dismiss a complaint if:
- the other tribunal had jurisdiction to decide a human rights issue
- the other tribunal decided essentially the same issue as in the complaint
- the complainant had a chance to know the case they had to meet and a chance to meet it (para. 37).