Basudde v. Health Canada

Basudde v. Health Canada

The Tribunal exercised its discretion to allow the proposed amendments because the amendments were properly before the Tribunal, parties consented, and procedural fairness would be preserved; the specified wording was ordered added to the originating documents and to be entered into the hearing record.

Citation
2005 CHRT 20
Parties
Complainant: Cris Basudde; Complainant: Shiv Chopra; Commission: Canadian Human Rights Commission; Respondent: Health Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
27 May 2005
Procedural Posture
Canadian Human Rights Complaint / Amendment of Complaints (pre Hearing Ruling)
Outcome
Amendments to the complaints allowed
Legal Topics
Discrimination, Harassment, Retaliation, Amendment of Complaint, Promotional Opportunities
Source Language
English
Human Rights Employment Law Administrative Law Discrimination Harassment Retaliation Amendment of Complaint Promotional Opportunities

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Parties

Cris Basudde

Complainant

Shiv Chopra

Complainant

Canadian Human Rights Commission

Commission

Health Canada

Respondent

Procedural Posture

Canadian Human Rights Complaint / Amendment of Complaints (pre Hearing Ruling)

Legal Issues

  1. 1 Whether proposed amendments to the complaints are admissible before the Tribunal
  2. 2 Whether allegations of discrimination on the basis of race, colour and national or ethnic origin, harassment and retaliation under the Canadian Human Rights Act are properly before the Tribunal

Ratio Decidendi

The Tribunal exercised its discretion to allow the proposed amendments because the amendments were properly before the Tribunal, parties consented, and procedural fairness would be preserved; the specified wording was ordered added to the originating documents and to be entered into the hearing record.

Court Disposition

Amendments to the complaints allowed

Orders

  • Add underlined words to the complaint dated January 12, 1999 alleging denial of promotional opportunities based on race, colour and national or ethnic origin and harassment contrary to ss.7, 10 and 14 of the Canadian Human Rights Act
  • Add underlined sentence to the Additional Allegations dated June 27, 1999 alleging retaliation contrary to s.14.1 of the Canadian Human Rights Act