Tribunal Halts Zionist Complaint Vs Henry MakowMay 28, 2010
by Marc Lemire (left)
The Tribunal's ruling stated:
 I have reviewed the submissions of the parties and have concluded that it would be appropriate and would properly serve the interests of justice if this matter was adjourned. While the Supreme Court of Canada has ruled in Canada (Human Rights Commission) v. Taylor, 1990 3 S.C.R. 892 that s. 13 (1) of the CHRA is constitutional, the application now before the Federal Court seeks to bring clarity to this issue in view of the distinct factual and legal context giving rise to this Tribunal's decision in Warman v. Lemire. Clearly Member Hadjis' decision goes beyond the consideration alone of the penalty provisions in s. 54 of the CHRA, as he chose not to "read out" the penalty provisions and preserve s. 13 of the CHRA. It is now up to the Federal Court to determine the operability of s. 13 of the CHRA. This will achieve the clarity that the Commission has indicated and that I agree is desirable in order to allow the Tribunal to be able to determine this and other cases brought under s. 13 of the CHRA.
 For these reasons I hereby adjourn these proceedings sine die pending the final outcome in the Warman v. Lemire case.