HUMAN RIGHTS |
Singh v. Canada (Attorney General)
A-239-01
2002 FCA 247, Malone J.A.
11/6/02
4 pp.
Appeal from Applications Judge's decision (2001), 201 F.T.R. 226 (F.C.T.D.)) allowing application for judicial review of Canadian Human Rights Commission's dismissal of Ms. Singh's complaint--Applications Judge holding Commission's investigation not thorough as not addressing issue of discrimination--Judicial review of Commission's decision warranted where investigative omission cannot be rectified by complainant's submission in response: Slattery v. Canada (Human Rights Commission), [1994] 2 F.C. 574 (T.D.); affd (1996), 205 N.R. 383 (F.C.A.)--Investigator not inquiring into substance of argument employer's purported explanations for dismissal pretext for real reasons behind dismissal--Public Service Commission report on which investigator relied to determine reason for dismissal not exploring possibility real reason behind dismissal age, nationality, ethnic origin--No submission by Ms. Singh could cure investigator's error--Notwithstanding Commission's broad discretion to dismiss unfounded complaint, decision based on improper investigation not reasonable since defect exists in evidentiary foundation on which Commission rested conclusion--Appeal dismissed.