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Canada ( Attorney General ) v. Bouvier

T-1022-95

McGillis J.

7/5/96

11 pp.

Application for judicial review to determine whether Human Rights Commission had jurisdiction to deal with complaints against Department of Transport-Respondents all applicants for positions with rail companies-All denied employment for failure to meet visual acuity standards set out in Regulations made by Department-Department claiming never potential employer of respondents therefore not proper party-Commission maintaining Department must be made party in order to be subject to direction by Tribunal to stop applying discriminatory Regulations in blanket fashion-Application allowed-Canadian Human Rights Act, ss. 7 and 10 both prohibit employers from engaging in discriminatory acts-For Commission to have jurisdiction over complaints filed by respondents against Department under either section, Department must be employer or prospective employer-Canadian Human Rights Act, R.S.C., 1985, c. H-6, ss. 7, 10.

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