Hamza v Holland College & PEI Human Rights Commission

canada, canadian, case law, court opinion, canlii, pescad, 2026peca8, 2026 peca 8 (canlii), 2026, peca, 8, (canlii), s1-ca-1532, 2026, administrative law, judicial review, human rights commission process, whether chair’s decision confirming dismissal was reasonable, reasonableness review under canada (minister of citizenship and immigration) v. vavilov, chair’s mandate under human rights act, ss. 25(3), 26(1), moore test applied to “without merit” dismissal, appeal dismissed, administrative law, procedural fairness, bias, whether record disclosed a reasonable apprehension of bias, allegation that executive director delegate adopted respondent’s internal investigation, committee for justice and liberty v. canada (national energy board) test applied, independent investigation and chair reasons reviewed, no denial of fairness found, appeal dismissed, administrative law, procedural fairness, investigation conduct, whether refusal to obtain video recordings and limits on further evidence breached fairness, complainant opportunity to be heard and provide evidence, “not entitled to dictate how that investigation is to be conducted”, no procedural fairness violations by executive director delegate or chair, appeal dismissed, evidence, judicial review record, new evidence, whether subsequent criminal charge and withdrawal could be admitted, judicial review confined to record before decision maker, narrow exceptions for background circumstances, procedural defects, or complete absence of evidence, exception not met on these facts, motion dismissed, appeal dismissed