HUMAN RIGHTS |
Singh v. Canada (Attorney General)
T-2259-99
2001 FCT 198, McKeown J.
19/3/01
13 pp.
Application for judicial review of decision by Canadian Human Rights Commission dismissing applicant's complaint that, in refusing to continue to employ her, Human Resources Development Canada (HRDC) discriminated against her contrary to Canadian Human Rights Act, s. 7--Alleged grounds of discrimination ethnic, national origin, age--Whether Commission considered applicant's complaint respondent's finding work performance unsatisfactory pretext to cover up fact people who refused to extend contract did so because of age, ethnicity--Appropriate standard of review of Commission's decision of whether to dismiss complaint reasonableness simpliciter--In making such decision, Commission exercising discretion under CHRA, s. 44(3)--Commission acting within discretion to dismiss complaint based on evidence before it, which included statements from witnesses contradicting applicant's allegations, performance review of applicant's work while at HRDC--Investigator relying on credibility findings--Findings not spelled out in investigation report--Troubling omission concerning applicant's allegation that, after she left Department, made claim against it, respondent constructed various excuses in order to explain why contract not renewed--Investigation report failing to deal with that allegation--Omission fundamental as investigation of discrimination must ascertain who decision-maker is, contain inquiry into reasons of decision-maker--Not necessary to find complainant could have dealt with omission in response if omission of fundamental nature--Reconsideration of decision necessary as decision involves failure to conduct inquiries with person(s) who decided not to renew applicant's contract on issue of applicant's pretext argument--Application allowed--Canadian Human Rights Act, R.S.C., 1985, c. H-6, ss. 7, 44 (as am. by R.S.C., 1985 (1st Supp.), c. 31, s. 64; S.C. 1998, c. 9, s. 24).