Houle v. Transports Canada

Houle v. Transports Canada

The Tribunal found discrimination established: schizophrenia is a disability and the issuance of a marine medical certificate is a service under s.5 CHRA; Transport Canada adopted its safety-based standard in good faith but failed step three by not conducting an individualized assessment of Mr. Houle and thus could not demonstrate undue hardship in issuing a certificate without limitations; consequently the discriminatory practice was not justified and remedies were awarded (lost wages and nominal pain and suffering with interest).

Citation
2024 CHRT 22
Parties
Complainant: Gaétan Houle; Commission: Canadian Human Rights Commission; Respondent: Transports Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
19 April 2024
Procedural Posture
Canadian Human Rights Act Discrimination Complaint (disability) / Tribunal Decision (final)
Outcome
Complaint substantiated. Transport Canada failed to justify discriminatory limitations on marine medical certificates; orders for compensation and interest granted.
Legal Topics
Disability Discrimination, Reasonable Accommodation, Marine Medical Certificates, Undue Hardship, Individualized Assessment
Source Language
English
Human Rights Administrative Law Maritime Law Health Law Disability Discrimination Reasonable Accommodation Marine Medical Certificates Undue Hardship +1 more

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Parties

Gaétan Houle

Complainant

Canadian Human Rights Commission

Commission

Transports Canada

Respondent

Procedural Posture

Canadian Human Rights Act Discrimination Complaint (disability) / Tribunal Decision (final)

Legal Issues

  1. 1 Whether issuance of marine medical certificate with limitations constituted discrimination under s.5 CHRA
  2. 2 Whether Transport Canada established bona fide justification under s.15 CHRA (Grismer/Meiorin three-step test)
  3. 3 Appropriate remedies under s.53 CHRA including lost wages and pain and suffering

Ratio Decidendi

The Tribunal found discrimination established: schizophrenia is a disability and the issuance of a marine medical certificate is a service under s.5 CHRA; Transport Canada adopted its safety-based standard in good faith but failed step three by not conducting an individualized assessment of Mr. Houle and thus could not demonstrate undue hardship in issuing a certificate without limitations; consequently the discriminatory practice was not justified and remedies were awarded (lost wages and nominal pain and suffering with interest).

Court Disposition

Complaint substantiated. Transport Canada failed to justify discriminatory limitations on marine medical certificates; orders for compensation and interest granted.

Orders

  • PAY the amount of $454,551.90 in compensation for lost wages
  • PAY interest on the amount of $454,551.90 from September 4, 2012 until the day on which the award of compensation is paid