C-12 - Charter of human rights and freedoms

Section 77 Disposition versions

1990-12-10

77. The commission shall refuse or cease to act in favour of the victim where

(1)  the victim or the complainant so requests, subject to the commission’s ascertaining that such request is made freely and voluntarily;

(2)  the victim or the complainant has, on the basis of the same facts, personally pursued one of the remedies provided for in sections 49 and 80.

The commission may refuse or cease to act in favour of the victim where

(1)  the complaint is based on acts or omissions the last of which occurred more than two years before the filing of the complaint;

(2)  the victim or the complainant does not have a sufficient interest;

(3)  the complaint is frivolous, vexatious or made in bad faith;

(4)  the victim or the complainant has, on the basis of the same facts, personally pursued a remedy other than those provided for in sections 49 and 80.

The decision of the commission shall state in writing the reasons on which it is based and indicate any remedy which the commission may consider appropriate; it shall be notified to the victim and the complainant.

1975, c. 6, s. 77; 1989, c. 51, s. 5.

1977-12-31

77. The commission may refuse to make or pursue an investigation when it considers that the applicant has not a sufficient interest, that the request is frivolous, vexatious or made in bad faith, or that an investigation is not necessary in view of the circumstances.

1975, c. 6, s. 77.