Mercier v. Canada ( Attorney General )
T-2801-94
Nadon J.
3/9/96
16 pp.
Application for judicial review of CHRC decision-On April 18, 1991, Commission dismissing applicant's complaint alleging Canadian Penitentiary Service discriminated against her on basis of sex by failing to intervene to put end to sexual harassment of applicant and by refusing to continue her employment on ground of mental disability-Decision of Pinard J. dismissing applicant's application for judicial review based on failure to disclose certain comments by Service appealed-Court of Appeal holding Commission had not complied with rules of procedural fairness by failing to allow applicant to respond to comments not brought to her attention-Matter referred back to Commission to be re-examined taking applicant's reply into consideration-Commission once again rendering decision without sending applicant letter of comments or report filed late with Commission by Service-In comments dated September 14, 1994 Service simply reformulating arguments had made earlier-Herein, applicant had opportunity to present all her arguments pertaining to facts relevant to investigation and comments made by Service in relation to those facts-Commission therefore did not fail to comply with rules of procedural fairness by not disclosing Service's final comments to applicant-Furthermore, Commission had no duty to provide reasons for its decision-Parliament imposing on Commission duty to give reasons only sparingly-On two occasions, applicant learned after filing application for judicial review Commission had received from Service comments not disclosed to her-Application dismissed, costs being awarded to applicant.