The application gave rise to responses from the respondent Joanne St. Lewis and from the responding party University of Ottawa. Rancourt filed his replies to these responses today (February 3, 2014). The file is now nominally complete for a determination by a panel of three supreme court judges.
The St. Lewis response is posted HERE, or PDF.
The University of Ottawa response is posted HERE, or PDF.
Rancourt's replies are posted HERE, or PDF.
Rancourt essentially argues that if the Supreme Court of Canada refuses to grant an appeal, then Canada will have violated its international obligations to provide an impartial court in civil matters, pursuant to two international agreements:
The Universal Declaration of Human Rights
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
International Covenant on Civil and Political Rights
1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. ...
Rancourt also argues that the Canadian Charter of Rights and Freedoms itself requires that the appeal on the basis of the judicial bias complaint must be heard, because, he argues, access to an impartial court is a Charter right of every individual by virtue of s. 15(1):
Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Rancourt points out that the French text of the Charter (s. 15(1)) is unambiguous on the guarantee of access to an impartial court:
La loi ne fait acception de personne et s’applique également à tous, et tous ont droit à la même protection et au même bénéfice de la loi, indépendamment de toute discrimination, notamment des discriminations fondées sur la race, l’origine nationale ou ethnique, la couleur, la religion, le sexe, l’âge ou les déficiences mentales ou physiques.
Court documents in the overall action and its appeals are HERE.