Judicial History
Blencoe challenged the delay of the Human Rights Commission in the British Columbia Supreme Court on the basis of denial of natural justice. The court dismissed his challenge.
Blencoe appealed to the British Columbia Court of Appeal on the basis that the delay of the hearing for over 30 months was a violation of his right to "security of person" under section 7 of the Charter. The Court found in favour of Blencoe and ordered the charges against him to be stayed. The Court held that the delay stigmatized him and caused undue harm to him and his family, which violated his rights under section 7 of the Charter.
The issues appealed to the Supreme Court were:
- Whether the delay violated Blencoe's section 7 rights.
- Whether the delay violated the administrative law rule against undue delay.
The Court in a five-to-four decision overturned the decision of the Court of Appeal, and held that the delay did not violate the Charter or administrative law.
Read more about this topic: Blencoe V. British Columbia (Human Rights Commission)
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