RCMP |
Muldoon v. Canada (Attorney General)
T-1585-02
2004 FC 380, Rouleau J.
16/3/04
10 pp.
Judicial review of Royal Canadian Mounted Police (RCMP) Commissioner's (Commissioner) decision denying applicant's Level II grievance regarding medical discharge--In British Columbia (Public Service Employee Relations Commission) v. BCGSEU, [1999] 3 S.C.R. 3 (Meiorin) Supreme Court of Canada developed three-pronged approach to determination of whether employer established, on balance of probabilities, that prima facie discriminatory standard is bona fide occupational requirement--Failure to apply Meiorin standard to disabled employee constitutes error of law--While agreeing medical discharge policy not in accordance with current law, Commissioner asserting Meiorin standard satisfied because applicant suffering from total disability, unfit to engage in any gainful employment with result any accommodation would lead to undue hardship for RCMP--In determining whether Meiorin standard correctly applied, necessary to analyse decision utilizing three-part test--Two first parts not at issue--In order to fulfill onus placed upon it in third part of test, RCMP must establish cannot accommodate applicant and others adversely affected by standard without experiencing undue hardship--RCMP failed to demonstrate accommodation impossible, and as such, Commissioner incorrectly applied law--Internal process followed by RCMP focussed too much on determining applicant's physical restrictions, and too little on what duties applicant still able to perform--Meiorin effectively places onus on RCMP to explain why it cannot continue to employ applicant--RCMP falling far short of meeting standard--While Commissioner correctly stated law relating to accommodation of disabled employee, incorrectly applied law to facts--Application allowed.