HUMAN RIGHTS |
Kidd v. Greater Toronto Airports Authority
T-1675-03
2004 FC 703, Mosley J.
14/5/04
14 pp.
Judicial review of decision of Canadian Human Rights Commission refusing to deal with applicant's human rights complaint, pursuant to Canadian Human Rights Act, s. 41(1)(e), as not brought within one year of alleged discriminatory events--Applicant's employment terminated by Greater Toronto Airports Authority on March 30, 2000 after 22 years--Performance suffered due to alcoholism in latter years--Whether reasons of decision maker inadequate, violate principles of procedural fairness, do not meet standard required by Act, s. 42(1), or both--Impossible to know from Commission's reasons why it determined investigator's recommendations should not be followed, why limited discretion afforded to it by Act, s. 41(1)(e) would not be exercised--Applicant arguing Commission breached common law duty of fairness, obligation imposed by s. 42(1) to provide reasons for decision as reasons of Commission making no reference to factors, considerations leading to conclusion-- Decision letter failing to meet standard established for s. 42(1), also insufficient as reasons for decision under review pursuant to principles of procedural fairness--On both grounds, Commission erred in providing inadequate reasons for decision--Reasons not meeting minimal threshold of adequacy as established by common law principles of procedural fairness, minimal threshold established by Act, s. 42(1)--Such error warranting intervention of Court-- Application allowed--Canadian Human Rights Act, R.S.C., 1985, c. H-6, ss. 41(1)(e), 42(1).