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The Federal Court granted judicial review, finding the Tribunal misapplied the prima facie discrimination test, ignored key evidence, and remitted the matter to a different member.
Federal Court dismissed judicial review of an RCMP grievance decision on a promotion process, finding no reviewable error, no duty to verify Indigenous status beyond self-identification, and no consultation requirement.
On a balance of probabilities the complainant proved a protected characteristic and suffered an adverse impact (delayed promotion and related financial loss) but failed to establish that race, national or ethnic origin or colour were factors in management decisions or that conduct amounted to discriminatory harassment; evidence from CRA witnesses and documentary records rebutted the complainant’s allegations and systemic discrimination under section 10(a) was not established; therefore the complaint is dismissed.
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Federal Court dismissed judicial review of the Canadian Human Rights Commission’s refusal to deal with Miller’s complaint, finding the decision reasonable.
The Federal Court dismissed Joseph Bate’s judicial review of a CHRC screening decision, finding the decision reasonable and refusing most new evidence.
The Federal Court dismissed judicial review of a staffing tribunal decision, upholding the finding that the Department did not abuse its authority or retaliate.
The Tribunal reasonably concluded the appellant failed to meet the clearly stated education requirement because he did not demonstrate his education in the cover letter as required by the JOA; the Tribunal acted within its procedural discretion in limiting cross-examination, controlling access to records and not keeping a transcript; findings that successful candidates met educational requirements were reasonable and the appeal is dismissed.
Source excerpt
Judicial review of a PSST dismissal was rejected. The Court found no procedural unfairness, no reasonable apprehension of bias, and no reviewable error in the discrimination and abuse-of-authority analysis.
Judicial review dismissed. The Court upheld the PSST’s finding that the applicant was properly screened out for failing to show education in his cover letter.
The court quashed a Human Rights Tribunal decision and sent the dismissal application back for reconsideration, finding errors in the Tribunal’s handling of ss. 27(1)(c) and (f).
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