Blencoe V. British Columbia (Human Rights Commission) - Reasons of The Court - Administrative Delay

Administrative Delay

The issue identified by Bastarache was "whether the delay in this case could amount to a denial of natural justice even where the respondent's ability to have a fair hearing has not been compromised." He dismissed the possibility that the trial was not fair as he saw no evidence to suggest that Blencoe was not able to provide a full answer and defence.

Bastarache considered whether the delay violated natural justice by causing serious harm to Blencoe. He found that the harm only amounted to personal hardship and was not serious.

He then considered whether the delay violated natural justice by bringing the Human Rights Commission into disrepute. The Court noted that many of the delays were contributed to by Blencoe or consented to by him. Consequently, the Commission was not brought into disrepute.