HUMAN RIGHTS |
Sosnowski v. Canda (Minister of Public Works and Government Services)
T-1168-00
2001 FCT 1324, Campbell J.
29/11/01
9 pp.
Application for judicial review of decision by Canadian Human Rights Commission dismissing applicant's complaint under Canadian Human Rights Act, s. 44(3)(b)(i) --Applicant's employment with Public Works and Government Services Canada discontinued in July 15, 1995-- Applicant alleging differential treatment discriminatory based on age (56), sex (female)--Complaint referred to conciliation, not resolved--Commission subsequently inquired into complaint, commenced investigation--Judicial review warranted where unreasonable omissions, failure to investigate crucial evidence occurs--Whether investigation herein met standard required--Performance appraisals of applicant produced during course of hearing of present case only positive--Allegation of actual bias by applicant in submission to Commission not adequately addressed in reaching decision under review--Apart from actual age, sex bias argument, investigation report flawed in handling of general nature of age, sex discrimination, how manifested in workplace-- Systemic discrimination most subtle form of discrimination --Where, as here, senior, sole female engineer in professional group experiences such obstacles, subsequently finds herself unemployed, procedural fairness requires thorough investigation of possible existence of systemic age, sex discrimination--Application allowed--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).