HUMAN RIGHTS
Appeal from Federal Court judgment (2005 FC 1079) allowing application for judicial review of Canadian Human Rights Commission’s dismissal of complaint against employer —Complaint citing Canadian Human Rights Act, ss. 14, 14.1 —Respondent alleging employer threatened or intimidated her in order to deter or prevent her from filing complaint— Commission declined to investigate allegation because s. 14.1 relating only to acts occurring after complaint filed—S. 14.1 providing retaliation or threatened retaliation against person who filed complaint by person against whom complaint filed constituting discriminatory practice—Federal Court holding s. 14.1 should be construed to include attempts to deter or prevent filing of complaint—Although Judge’s interpretation incorrect appeal not allowed—If acts complained of covered by other provisions of Act, complaint should be investigated on that basis—Canadian Human Rights Act, R.S.C., 1985, c. H-6, ss. 14, 14.1 (as enacted by S.C. 1998, c. 9, s. 14).
Dubois v. Canada (Attorney General) (A-395-05, 2006 FCA 127, Sharlow J.A., judgment dated 29/3/06, 3 pp.)