Walker v. Randall
T-1103-98
Teitelbaum J.
24/8/99
26 pp.
Application for judicial review of decision by Canadian Human Rights Commission (CHRC) dismissing applicant's complaint of sexual harassment, discrimination against respondents-Applicant lawyer practising profession of law in British Columbia-Applicant's complaint related to incident which occurred on August 16, 1991 in Vancouver while being driven home by workmate-On January 30, 1996, four and half years after August 16, 1991 incident, applicant formally filed two complaints with Commission-In first complaint, applicant alleged being subjected to improper, unwanted attention by male respondent-In second complaint, applicant alleged Department of Justice had engaged in discriminatory practice by not providing her with workplace free from sexual harassment and by refusing to continue to employ her contrary to Canadian Human Rights Act, ss. 7, 14-Present application having no merit, must be dismissed-Issue of propriety of affidavit(s) to support judicial review application should be determined by judge hearing judicial review of application as affidavit(s) form part of judicial review application-Applicant, in filing application for judicial review, attempted, by means of filing affidavits, to introduce "fresh, new" evidence not before CHRC-Applicable legislation Federal Court Act, s. 18.1, Canadian Human Rights Act, ss. 43, 44, 49-If, in fact, complaint thoroughness of Investigation Report, present judicial review application must be dismissed-Judicial review wrong procedure to attack "thoroughness" of investigator's investigation of complaint-Applicant never made submissions to CHRC regarding well-foundedness of report, conclusions-At scrutiny stage of investigation, after receiving complaint of discrimination, Commission has "remarkable degree of latitude" as to what kind of investigation must be made before it can conclude complaint should not be sent to tribunal for hearing-Commission only had evidence of Investigation Report, did not have submission from applicant as to insufficiency of Investigation Report-No error in deciding to dismiss applicant's complaints-Application dismissed-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5)-Canadian Human Rights Act, R.S.C., 1985, c. H-6, ss. 7, 14, 43 (as am. by R.S.C., 1985 (1st Supp.), c. 31, s. 63), 44 (as am. idem, s. 64; S.C. 1998, c. 9, s. 24), 49 (as am. by R.S.C., 1985 (1st Supp.), c. 31, s. 66; S.C. 1998, c. 9, s. 27).