Turner v. Canada Border Services Agency

Turner v. Canada Border Services Agency

Perceived disability based on weight is a prohibited ground under the CHRA; the complainant established a prima facie case on combined grounds (age, race, perceived disability) for both Victoria and Vancouver staffing processes; the Respondent failed to provide a reasonable, non‑discriminatory explanation and the...

Source-derived case information.

Citation
2014 CHRT 10
Parties
Complainant: Levan Turner; Commission: Canadian Human Rights Commission; Respondent: Canada Border Services Agency
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
7 March 2014
Procedural Posture
Canadian Human Rights Tribunal Inquiry / Re‑determination / Final Decision After Federal Court of Appeal Remand; Remedy Hearing Pending
Outcome
Complaint substantiated; Tribunal finds Respondent engaged in discriminatory practices contrary to CHRA s.7 and s.10 on grounds of age, race and perceived disability (obesity); remedy hearing to determine compensation and potential employment remedies.
Legal Topics
Discrimination, Perceived Disability (weight/obesity), Age Discrimination, Race and Colour Discrimination, Intersectionality/compound Grounds, Staffing and Selection Processes, Pretext and Employer Justification, Remedies and Compensation
Source Language
english
Employment Law Human Rights Law Administrative Law Discrimination Perceived Disability (weight/obesity) Age Discrimination Race and Colour Discrimination Intersectionality/compound Grounds +3 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Levan Turner

Complainant

Canadian Human Rights Commission

Commission

Canada Border Services Agency

Respondent

Procedural Posture

Canadian Human Rights Tribunal Inquiry / Re‑determination / Final Decision After Federal Court of Appeal Remand; Remedy Hearing Pending

Legal Issues

  1. 1 Whether perceived disability based on weight is a prohibited ground under the CHRA
  2. 2 Whether the applicant established a prima facie case of discrimination in two staffing processes
  3. 3 Whether employer provided a reasonable non‑discriminatory explanation or whether reasons were pretextual

Ratio Decidendi

Perceived disability based on weight is a prohibited ground under the CHRA; the complainant established a prima facie case on combined grounds (age, race, perceived disability) for both Victoria and Vancouver staffing processes; the Respondent failed to provide a reasonable, non‑discriminatory explanation and the selection decisions were pretextual and arbitrary. Therefore the Tribunal finds discriminatory practices contrary to CHRA ss.7 and 10 and will determine remedies at a subsequent hearing.

Court Disposition

Complaint substantiated; Tribunal finds Respondent engaged in discriminatory practices contrary to CHRA s.7 and s.10 on grounds of age, race and perceived disability (obesity); remedy hearing to determine compensation and potential employment remedies.

Orders

  • Complaint substantiated: Respondent found to have engaged in discriminatory practices contrary to ss.7 and 10 of the CHRA
  • Respondent to compensate complainant for pain and suffering — amount up to $20,000 CAD to be determined at remedy hearing