What is the test to determine whether a complaint is without merit?
Saskatchewan, Canada
The following excerpt is from Abetkoff v. Saskatchewan Indian Gaming Authority, 2002 CanLII 62873 (SK HRT):
When deciding whether a complaint falls under s. 27.1(2)(b), namely that it is "without merit", I must decide whether there is "a reasonable basis in the evidence for proceeding to the next stage": Cooper v. Canada (Human Rights Commission) (1996), 1996 CanLII 152 (SCC), 140 D.L.R. (4th) 193 at 215–16 [27 C.H.R.R. D/173 at § 53] (S.C.C.). I am not permitted to weigh the evidence to determine if the complaint of discrimination is made out. However, again, for the reasons stated in Sleeva, I am permitted to take a "hard look" at the evidence and assess its probative value in determining whether there is a reasonable basis to proceed to an inquiry.
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