Collins v. Correctional Service of Canada

Collins v. Correctional Service of Canada

Tribunal accepted CSC's admission that Mr. Collins has a disability and that the stand‑to count requirement, as applied, aggravated his pain and constituted a failure to accommodate contrary to s.5 of the CHRA. CSC employees (Blasko and Chinnery) intervened to modify the treating physician's recommendation to conform with the stand‑to count directive, disregarding the need for accommodation; their conduct was reckless though not proven wilful. On the evidence the Tribunal awarded compensatory damages for pain and suffering and an award for reckless conduct under s.53(3), but denied additional non‑monetary remedies for lack of evidentiary support. The Tribunal ordered monetary payments...

Citation
2010 CHRT 33
Parties
Complainant: Peter M. Collins; Commission: Canadian Human Rights Commission; Respondent: Correctional Service of Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
17 December 2010
Procedural Posture
Human Rights Complaint Under the Canadian Human Rights Act / Final Decision (canadian Human Rights Tribunal)
Outcome
Complaint substantiated against Correctional Service of Canada; monetary remedies awarded
Legal Topics
Disability Discrimination, Duty to Accommodate, Wilful and Reckless Discrimination, Remedies and Damages Under CHRA, Grievance Procedures, Privacy/personal Information
Source Language
English
Human Rights Law Administrative Law Corrections Law Disability Accommodation Disability Discrimination Duty to Accommodate Wilful and Reckless Discrimination Remedies and Damages Under CHRA +2 more

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Parties

Peter M. Collins

Complainant

Canadian Human Rights Commission

Commission

Correctional Service of Canada

Respondent

Procedural Posture

Human Rights Complaint Under the Canadian Human Rights Act / Final Decision (canadian Human Rights Tribunal)

Legal Issues

  1. 1 Whether CSC failed to accommodate Mr. Collins' disability in the stand-to count procedure in breach of s.5(b) of the CHRA
  2. 2 Whether the failure to accommodate was wilful or reckless under s.53(3) of the CHRA
  3. 3 Whether compensation for pain and suffering under s.53(2)(e) is warranted and, if so, quantum

Ratio Decidendi

Tribunal accepted CSC's admission that Mr. Collins has a disability and that the stand‑to count requirement, as applied, aggravated his pain and constituted a failure to accommodate contrary to s.5 of the CHRA. CSC employees (Blasko and Chinnery) intervened to modify the treating physician's recommendation to conform with the stand‑to count directive, disregarding the need for accommodation; their conduct was reckless though not proven wilful. On the evidence the Tribunal awarded compensatory damages for pain and suffering and an award for reckless conduct under s.53(3), but denied additional non‑monetary remedies for lack of evidentiary support. The Tribunal ordered monetary payments...

Court Disposition

Complaint substantiated against Correctional Service of Canada; monetary remedies awarded

Orders

  • Respondent to pay $7,500 to Peter M. Collins as damages for pain and suffering pursuant to s.53(2)(e) of the CHRA
  • Respondent to pay $5,000 to Peter M. Collins as special compensation pursuant to s.53(3) of the CHRA