Thank you, Mr. Chairman. The committee does not agree that cost awards should be awarded against the respondent only and we are satisfied that the current provision as set forth by the government sets a sufficiently high standard. It speaks to frivolous and vexatious that would, in effect, protect complainants who create delay because they do not lack, or because they lack the resources. It would protect them from being penalized.
We also believe that the costs should be available in other circumstances that the government's clause does not contemplate, such as in cases of particularly egregious breaches of the act, or where a respondent has repeatedly engaged in discriminatory behaviour.
I should add, Mr. Chairman, that this would be consistent with other jurisdictions who award costs in Canada, such as Ontario, Manitoba, Alberta, Quebec, P.E.I., Newfoundland. They all grant the tribunal or adjudication panel broad discretion to award costs in a complaint. Therefore, Mr. Chairman,