Canada ( Human Rights Commission ) v. Canada ( Armed Forces )
A-943-91
Desjardins J.A.
18-2-93
5 pp.
Application to review decision of review tribunal reversing decision of first instance tribunal on complaint of mis en cause against release from Canadian Armed Forces-First instance tribunal decided in complainant's favour on ground medical category recommended for mis en cause changed by military physician without examining complainant-Review tribunal held intervention of physician in question fully justified as had no choice but to apply medical standards in force-Arguments made by Canadian Human Rights Commission not valid-Review tribunal correct to criticize first instance tribunal for not taking into account evidence not tainted by any ambiguity-Also correct to criticize first instance tribunal for incorrectly attributing dominant position to obesity factor-Review tribunal did not exceed jurisdiction or commit error of law-Application dismissed-Canadian Human Rights Act, R.S.C., 1985, c. H-6, ss. 3(1), 7, 15(a).