Administrative Law
Judicial review of Adjudicator’s dismissal of grievances relative to termination of employment with Public Service on ground alternative administrative process for redress available pursuant to Canadian Human Rights Act (CHRA), R.S.C., 1985, c. H-6—Prior to Public Service Staff Relations Board hearing, applicant requested hearing be held in abeyance pending hearing before Canadian Human Rights Commission (CHRC) relative to complaint filed under CHRA—Upon investigation CHRC determined insufficient evidence to support recommendation complaint proceed to full inquiry before Canadian Human Rights Tribunal—Adjudicator determining grievances beyond jurisdiction as essentially human rights issues that had been subject of process before CHRC—Decision reasonable given evidence, including complaint to CHRC, abeyance request—Although open to CHRC to direct complainant to pursue grievance, that discretionary power not exercised—Adequacy of alternate redress process not determinative, but availability of alternate process must be considered—Application dismissed.
Chow v. Canada (Attorney General) (T-2029-06, 2008 FC 942, Heneghan J., judgment dated August 12, 2008, 25 pp.)