Jennings v. Canada ( Attorney General )
T-1235-94
Wetston J.
13/5/95
12 pp.
Application for judicial review of Canadian Human Rights Commission (Commission) decision dismissing discrimination and harassment complaints against employer-Applicant alleging discrimination and harassment on basis of sex and disability -- Commission initially of opinion alleged discriminatory acts not based on any Canadian Human Rights Act (CHRA) ground of discrimination; however subsequent to plaintiff's decision to file complaint, Commission holding investigation-Investigator's report recommending dismissal of complaint-Applicant filing comprehensive rebuttal report -- Commission reviewing original complaint, investigator's report and rebuttal submissions before dismissing complaint as unfounded -- Applicant attacking adequacy of investigation and investigator's report in terms of both neutrality and thoroughness -- With respect to thoroughness of investigation, applicant alleging (1) failure to interview all relevant witnesses; (2) failure to question co-workers on matters other than harassment, i.e. management's knowledge of applicant's disability; (3) report containing omission; (4) report containing misrepresentations of fact and Commission policies -- Regarding complaint investigation, CHRA conferring discretion upon Commission to proceed either by way of investigation or inquiry; Commission decision, at this stage, administrative in nature and subject to review on procedural fairness grounds rather than on full panoply of rules of natural justice -- To satisfy duty of fairness, Commission must provide applicant with substance of evidence obtained by investigator as well as with opportunity to respond to such evidence and to make representations -- Reliance on Slattery v. Canada (Human Rights Commission), [1994] 2 F.C. 574 (T.D.) in finding alleged omissions, misrepresentations or misinterpretations contained in investigator's report not of such fundamental nature to deprive Commission of opportunity to base decision on all circumstances of complaint -- As applicant given opportunity to rebut investigator's report and to raise perceived deficiencies in report to Commission's attention, no denial of procedural fairness -- With respect to neutrality, applicant arguing (1) bias on part of director of complaint procedure branch in her reaction to applicant's extensive involvement in pressing complaint; and (2) practice of having investigator make recommendation in report raising reasonable apprehension of bias by fettering Commission's discretion if it agrees with recommendation -- Director's presentation of report to Commission for decision not in any way signifying Commission's decision pre-determined or its discretion fettered; reasonable apprehension of bias cannot exist if official not acting outside statutory authority and if no evidence showing involvement beyond fulfilling statutory duties -- Investigator's recommendation to Commission not violating principle discretionary power to be exercised only by those to whom given -- Application dismissed -- Canadian Human Rights Act, R.S.C., 1985, c. H-6.