Buffett v. Canadian Forces

Buffett v. Canadian Forces

Following the Federal Court's directions, the Tribunal ordered the Canadian Forces, pursuant to s.53(2)(a) of the Canadian Human Rights Act, to amend its policy so that while the CF continues to fund IVF for female members, male members shall receive funding for the ICSI portion of their infertility treatments; no order for funding specific ICSI cycles was issued because the Court found such relief moot given the parties' changed circumstances and the CF had paid the outstanding pain and suffering award.

Citation
2008 CHRT 4
Parties
Complainant: Terry Buffett; Commission: Canadian Human Rights Commission; Respondent: Canadian Forces
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
13 February 2008
Procedural Posture
Judicial Review Remitted to Tribunal for Redetermination / Redetermination Following Federal Court Set Aside (remittal)
Outcome
Tribunal remitted to redetermine complaint and ordered policy amendment requiring CF to fund ICSI for male members where IVF is funded for female members; no order for specific funding of ICSI cycles due to mootness; previous pain and suffering award paid.
Legal Topics
Discrimination, Remedies, Policy Amendment, Infertility Treatment Funding, Mootness
Source Language
English
Human Rights Administrative Law Military Law Reproductive Rights Discrimination Remedies Policy Amendment Infertility Treatment Funding +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Terry Buffett

Complainant

Canadian Human Rights Commission

Commission

Canadian Forces

Respondent

Procedural Posture

Judicial Review Remitted to Tribunal for Redetermination / Redetermination Following Federal Court Set Aside (remittal)

Legal Issues

  1. 1 Whether the Canadian Forces discriminated by funding IVF for female members but not funding the ICSI portion for male members
  2. 2 Whether the Tribunal should order the Canadian Forces to fund ICSI cycles
  3. 3 Whether a remedial order is moot given the applicants' changed circumstances

Ratio Decidendi

Following the Federal Court's directions, the Tribunal ordered the Canadian Forces, pursuant to s.53(2)(a) of the Canadian Human Rights Act, to amend its policy so that while the CF continues to fund IVF for female members, male members shall receive funding for the ICSI portion of their infertility treatments; no order for funding specific ICSI cycles was issued because the Court found such relief moot given the parties' changed circumstances and the CF had paid the outstanding pain and suffering award.

Court Disposition

Tribunal remitted to redetermine complaint and ordered policy amendment requiring CF to fund ICSI for male members where IVF is funded for female members; no order for specific funding of ICSI cycles due to mootness; previous pain and suffering award paid.

Orders

  • Pursuant to s.53(2)(a) of the Canadian Human Rights Act, the Canadian Forces is ordered to take measures, in consultation with the Commission on the general purposes of the measures, to amend its policy such that as long as the Canadian Forces continues to fund in vitro fertilization (IVF) treatments for its female...