Canadian Human Rights Tribunal Dismisses Complaint as Abandoned Due to Lack of Participation

Strategic Insights -

The Canadian Human Rights Tribunal, led by Member Jennifer Khurana, has issued a decision dismissing the complaint of Leili Rohanisarvestani as abandoned due to her failure to participate in the proceedings. The complaint, which involved a group of Iranian nationals, alleged discrimination against Immigration, Refugees and Citizenship Canada (IRCC), Public Safety Canada (PSC), Canada Border Services Agency (CBSA), and the Canadian Security Intelligence Service (CSIS) in the delayed processing of their applications for permanent resident status, visas, or citizenship applications.

Key Takeaways:

  • The Canadian Human Rights Tribunal dismissed Leili Rohanisarvestani's complaint as abandoned due to her failure to participate in the proceedings.
  • The complainant, who is an Iranian national, had consistently failed to meet Tribunal deadlines to advance her complaint and had not complied with the Tribunal's Rules of Procedure.
  • The Tribunal had attempted to contact Rohanisarvestani multiple times, but she had not responded or participated in the complaint process.
  • The Tribunal found that Rohanisarvestani had received all communications and had not made a serious attempt to move her complaint forward.
  • The remaining complainants in the group will continue in the Tribunal's process as part of these proceedings.

Statistics:

  • 40+ complainants were involved in the group complaints against IRCC, PSC, CBSA, and CSIS.
  • 4 complaints were referred to the Tribunal by the Canadian Human Rights Commission (CHRC).
  • The Tribunal attempted to contact Rohanisarvestani multiple times between May 2024 and January 2025.
  • The Tribunal sent reminders to all complainants on August 20, 2024, and set deadlines for filing Statements of Particulars (SOPs) on August 14, 2024.
  • The Tribunal received submissions from the Respondents on January 7, 2025, seeking the dismissal of Rohanisarvestani's complaint as abandoned.

Sources:

  • 2025 CHRT 3 (Canadian Human Rights Tribunal)
  • 2021 SOR/2021-137 (Canadian Human Rights Tribunal's Rules of Procedure)
  • R.S.C., 1985, c. H-6 (Canadian Human Rights Act)
  • Tovedo v Correctional Service Canada, 2024 CHRT 6
  • Mohamed v Royal Bank of Canada, 2024 CHRT 84
  • Rivard v. Nak'azdli Whut'en First Nation, 2021 CHRT 21