Is the CHRA a “One-Sided Regime”?
Conclusion – You betcha!
Authorizing the CHRT to award legal costs to successful complainants under s. 53(2)(c) will only further imbalance the CHRA regime. If a complainant is able to obtain expenses, including costs, on a substantiated complaint, the accused should be afforded similar compensation when one is unsubstantiated. As a possible legislative compromise, if it is determined that the unsubstantiated complaint was made in good faith, the CHRC should be responsible for the compensation, not the complainant.