JUDICIAL REVIEW OF COMMISSION DECISIONS

The Commission enjoys broad discretionary powers with respect to the reception and processing of complaints under the CHRA. The cases highlighted in this section illustrate the type of issues that may result in Commission decisions being challenged before the Federal Court.

Minimal Grounds to Support a Claim
   

Complaints related to alleged facts that reveal no ground for further action will understandably be screened out by the Commission following preliminary investigations. This was recognized by the Federal Court in a recent judgement concerning a Commission decision to reject a complaint based on alleged gender and age discrimination where the underlying circumstances could not support it.¹⁹⁴The matter related to an altercation that occurred between Mr. Hem Ramlall and an employee of a Human Resources Development Centre. While seeking assistance for either job training or employment opportunities at an Employment Centre, Mr. Ramlall alleged that he was ordered to leave the Centre and was subsequently escorted out by a security guard. Though many calls and much correspondence were exchanged between the federal department responsible for the Centre and the complainant, the latter did not contact the Commission until 10 months later. The review of the complaint by the investigator revealed no information or indication that anyone at the Centre had referred to the applicant's gender or his age. Mr. Ramlall was unable to supply any further information that could provide a link between the treatment he received at the Centre and a prohibited ground of discrimination under the CHRA. As a result, the Commission refused to accept the complaint. The Federal Court (on application to overturn the Commission=s decision) agreed that there was no reason for the complaint to be pursued by the Commission noting that, in the absence of other evidence, an impolite and rude confrontation between individuals does not justify further investigation by the Commission.

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End Notes