Charlebois v. Canada ( Human Rights Commission )
T-57-95
Campbell J.
17/9/98
24 pp.
Applications for judicial review respecting investigation of actions by applicant's employer and union-Applicant complaining employer, union engaged in discriminatory practice against him based on disability-Whether complaints properly investigated by Canadian Human Rights Commission (CHRC) under Canadian Human Rights Act-Applicant started working for OC Transpo as bus driver in July 1980, became member of Amalgamated Transit Union (ATU)-Throughout employment, applicant experienced number of health problems caused by stress related to professional, personal life-Began lengthy, certified medical leave in February 1991-Terminated in June 1991 for failing to meet conditions of reinstatement, to maintain adequate level of performance-ATU membership voting against referring applicant's grievances to arbitration-Negative membership vote instigating applicant to file three complaints: complaint against ATU with Canada Labour Relations Board (CLRB) under Canada Labour Code, s. 37 with respect to duty of fair representation; complaint against OC Transpo with CHRC; complaint against ATU with CHRC-Complaint procedures under Canadian Human Rights Act available to any individual having reasonable grounds to believe victim of another person's discriminatory practices-Standard established by Court for proper investigation neutrality, thoroughness-Applicant's opinion should be viewed only as fact to be considered with other available evidence respecting reasons for termination-Merely evidence respecting OC Transpo's motivation, not conclusive evidence of what, in fact, occurred-Without answers to questions posed by Commission, investigation of complaint not thorough-CHRC's decision to dismiss complaint against OC Transpo made in reviewable error-No evidence of bad faith, bias on part of anyone acting in complaint against ATU-CLRB's decision fact deserving weight-In detailed, carefully worded decision, critical findings of fact made on issues being subject matter of Canadian Human Rights Act investigation-Reasonable for investigator to place weight on findings respecting actions of union personnel at November 12, 13, 1991 meetings-Findings made in credible way can, should be accepted to maintain efficient, cost-effective investigation service-Applicant failing to connect negative attitude towards him with complaint of discrimination-No error in conclusion reached by investigator complaint of discrimination unfounded-No reviewable error in CHRC's decision to dismiss complaint against ATU-Canadian Human Rights Act, R.S.C., 1985, c. H-6-Canada Labour Code, R.S.C., 1985, c. L-2, s. 37.