What is the “signal advantage” given to a primary finder of fact at a human rights tribunal?
Alberta, Canada
The following excerpt is from Calgary (City of) Electric System v. Weitmann, 2001 ABQB 181 (CanLII):
This is the “signal advantage” enjoyed by the primary finder of fact to which L’Heureux-Dube J. refers in Mossop, supra, at 599. Likewise, La Forest J.’s reference to the ‘superior expertise’ of human rights tribunals in relation to fact-finding is grounded in the realization that tribunals are ‘in the best position to evaluate’ the facts upon which findings of discrimination are based: Ross v. New Brunswick School District No. 15, 1996 CanLII 237 (SCC), [1996] 1 S.C.R. 825 at 849.
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