HUMAN RIGHTS |
Rabah v. Canada (Attorney General)
T-1228-99
2001 FCT 1234, McKeown J.
9/11/01
6 pp.
Application for judicial review of decision by Canadian Human Rights Commission dismissing applicant's complaint of discrimination on basis of nationality, ethnic origin--Whether Commission erred in dismissing applicant's complaint under Canadian Human Rights Act, s. 44(3)(b)(i) by failing to adequately investigate applicant's complaint--In September 1997, applicant applied for position as Bilingual Program Assistant with Citizenship and Immigration Canada--Required to participate in competition with other participants--Three-person panel assigned him failing mark (14/35) in oral communication, thus eliminating him as possible candidate--Applicant alleging failing mark in oral communication based on accent--Standard of review of Commission's decision on receipt of investigation report highly deferential one--Commission having no adjudicative function, but administrative, screening body, whose role to decide if inquiry warranted through assessing sufficiency of evidence before it--No reviewable error committed by Commission herein--Procedural fairness requiring only investigator's report address fundamental, essential aspects of applicant's alleged incidents of discrimination--Decision not based on irrelevant, extraneous factors--Discretion not exercised in discriminatory, unfair, capricious, unreasonable manner--Application dismissed--Canadian Human Rights Act, R.S.C., 1985, c. H-6, s. 44 (as am. by R.S.C., 1985 (1st Supp.), c. 31, s. 64; S.C. 1998, c. 9, s. 24).