Robinson v. Canada ( Human Rights Commission )
T-3038-93
Joyal J.
10/1/95
13 pp.
Application for judicial review of Canadian Human Rights Commission ("Commission") decision to dismiss applicant's sexual discrimination complaint against Royal Canadian Mint ("Mint")-Applicant filing complaint with Commission regarding sexual harassment by two Mint employees-Applicant off work on sick leave and thereafter long-term disability due to harassment-Unsatisfied with Commission procedure, applicant commencing action in Ontario Court, General Division for wrongful dismissal against Mint-Judge dismissing action and commenting human rights complaints initiated to further wrongful dismissal complaint after failed attempts to obtain generous severance package-Applicant appealing decision to Ontario Court of Appeal alleging Mint misleading Court and withholding relevant documents-Applicant also filing complaints with Commission against Mint employees individually-Commission dismissing new complaints due to limitation period and deciding against proceeding with complaint against Mint-Within Commission's discretion to pursue complaint or appoint conciliator-Commission not required to comply with formal rules of natural justice but must act in accordance with procedural fairness-Commission's investigation requiring neutrality and thoroughness-In determining requirement for thoroughness, complainant's and respondent's interests balanced against Commission's interest in maintaining administratively workable system-Judicial review only where unreasonable omission cannot be rectified by complainants-Within Commission's discretion to ascribe any weight to Ontario Court judgment-Commission not deviating from duty to conduct proceedings with fairness-Application dismissed.