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Canada Case Law

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Administrative law 2020 FC 951

Asghar v. Rogers Communications Inc.

The Federal Court upheld the Commission’s frivolousness finding under the CHRA, rejected procedural fairness and Charter challenges, and awarded Rogers costs.

  • Frivolousness under chra s.41(1)(d)
  • Screening function of human rights commission
  • Procedural fairness
  • Charter challenges
  • Costs and vexatious litigation
  • Administrative-law
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Administrative law 2019 FC 196

Kirkpatrick v. Canada (Attorney General)

Judicial review dismissed: the Federal Court upheld the Commission’s decision that no inquiry was warranted after the inmate refused a proposed accommodation.

  • Duty to accommodate
  • Screening function of human rights commission
  • Standard of review - reasonableness
  • Chra s.44(3)(b)(i) dismissals
  • Prison safety vs accommodation
  • Duty-to-accommodate
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Administrative law 2019 NSSC 29

Sampson v. Nova Scotia (Human Rights Commission)

The Commission reasonably dismissed the complaints under s.29(4)(d) because the Labour Board conducted a comprehensive six‑day hearing and its decision addressed substantially the same allegations and provided reasonable non‑discriminatory explanations; the Commission’s process did not breach procedural fairness and dismissal was within the range of reasonable outcomes at the screening stage.

  • Judicial review
  • Procedural fairness
  • Dismissal under s.29(4)(d)
  • Poisoned work environment
  • Concurrent jurisdiction
  • Screening function of human rights commission
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Human rights 2017 FC 633

Wong v. Canada (Public Works and Government Services)

The Federal Court dismissed Ms. Wong’s judicial review of the Canadian Human Rights Commission’s refusal to send her gender discrimination complaint to the Tribunal.

  • Gender discrimination
  • Maternity leave
  • Procedural fairness
  • Prima facie discrimination test
  • Judicial review
  • Screening function of human rights commission
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Administrative law 2012 FC 1448

O’Grady v. Bell Canada

Judicial review of a CHRC refusal to deal with a human rights complaint was allowed because the Commission failed to properly assess alleged mental duress and bad faith.

  • Judicial review
  • Standard of review
  • Screening function of human rights commission
  • Bad faith
  • Release agreements
  • Duress
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Human rights 2011 FC 57

Tutty v. Canada (Attorney General)

Federal Court upheld the Canadian Human Rights Commission’s dismissal of a disability discrimination complaint, finding the investigation fair and the decision reasonable.

  • Duty to accommodate
  • Procedural fairness of investigation
  • Screening function of human rights commission
  • Judicial review
  • Termination for restructuring
  • Duty-to-accommodate
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Administrative law 2010 FC 860

Tsui v. Canada Post Corporation

The Federal Court dismissed judicial review of a CHRC screening decision, holding that no oral hearing or cross-examination was required and the investigation was sufficiently fair.

  • Judicial review
  • Procedural fairness
  • Investigative thoroughness
  • Duty to exhaust internal remedies
  • Screening function of human rights commission
  • Judicial-review
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Administrative law 2010 FC 818

Tekano v. Canada (Attorney General)

Federal Court quashed in part the Human Rights Commission’s dismissal of a disability-accommodation complaint, but upheld the dismissal of a systemic classification-policy claim.

  • Duty to accommodate
  • Security classification
  • Segregation/solitary confinement
  • Standard of review
  • Screening function of human rights commission
  • Duty-to-accommodate
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Human rights law 2006 FCA 318

Bastide v. Canada Post Corporation

The Federal Court of Appeal held the Commission could reasonably conclude from the investigator’s report and submissions that Canada Post had established a bona fide occupational requirement and that there was no breach of procedural fairness that justified intervention; therefore the Commission’s dismissal was within its discretion and the appeal is dismissed.

  • Bona fide occupational requirement
  • Procedural fairness
  • Screening function of human rights commission
  • Duty to accommodate
  • Judicial review
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Administrative law 2002 FCT 753

Lee v. Bank of Nova Scotia

Judicial review of a CHRC dismissal was allowed because the investigator’s process was procedurally unfair and the record before the Commission was flawed.

  • Procedural fairness
  • Disclosure of evidence
  • Screening function of human rights commission
  • Judicial review
  • Canadian human rights act s.44
  • Procedural-fairness
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.