ADMINISTRATIVE LAW
Judicial Review
Standard of Review
Judicial review of dismissal of applicant’s discrimination in workplace complaint pursuant to Canadian Human Rights Act (Act), R.S.C., 1985, c. H-6—Canadian Human Rights Commission concluding complaint not meeting threshold for referral to Canadian Human Rights Tribunal—Applicant becoming disabled on the job—As such, entitled to priority placement—Commenced employment with Veterans Affairs Canada (VAC) in May 2002, but not offered indeterminate employment until September—Alleged disability resulting in adverse differential treatment contrary to Act, s. 7(b) when VAC: (1) delayed offer of indeterminate status; (2) failed to provide harassment-free work environment; (3) failed to accommodate applicant’s work station—Pragmatic functional analysis required for each ground raised to determine standards of review applicable to Commission’s decision—Threshold for referring complaint to Tribunal fairly low—Commission erring in not referring first two issues to Tribunal—Application allowed in part.
Clark v. Canada (Attorney General) (T-1586-05, 2007 FC 9, Russell J., judgment dated 5/1/07, 63 pp.)