Human Rights
Judicial review of Canadian Human Rights Commission’s decision referring respondent’s complaint to conciliation, failing settlement to Canadian Human Rights Tribunal—Respondent applied for employment as longshore worker—Argued testing she underwent discriminatory because did not take into account gender—Procedural fairness requiring Commission to carry out neutral, thorough investigation—These duties respected herein—As to reasonableness of decision, once prima facie case of direct, indirect/adverse effect discrimination established, subsequent analysis as to whether discriminatory standard bona fide occupational requirement no longer contingent on type of discrimination —However, fact investigator separately analysed direct, indirect/adverse effect discrimination not constituting by itself reviewable error—Finding that sufficient evidence of prima facie case to warrant further inquiry also reasonable, as statistical evidence of disparity in hiring may in some cases suffice to discharge initial burden of complainant—Application dismissed.
Halifax Employers Assn. v. Tucker (T-2262-06, 2008 FC 516, Gauthier J., order dated April 21, 2008, 31 pp.)