Gill v. Canada ( Public Service Commission )
T-2723-94
Reed J.
7/3/96
7 pp.
Application to set aside CHRC decision complaint would not be proceeded with because respondent taking steps to accommodate applicant-Applicant suffering from dyslexia-Applied for position as collections officer with Revenue Canada-Requested exemption from Entry Level Officers Selection Test (ELOST)-Submitting psychologist's report, prepared before applied for position, relating to applicant's learning disabilities-PSC offered accommodation: would be required to complete only three of five parts of test in double normal time given to complete those parts; short breaks would be given between different parts of test-In response to inquiries, PSC stating psychologist's report not advising applicant should not be taking ELOST-Psychologist writing additional opinion letters stating inappropriate to expect applicant to pass aptitude/academic test-Complaint stating PSC creating systemic barrier preventing applicant from applying for any government position as result of disability by insisting take ELOST; accommodation not reasonable-This application alleging Commission failing to exercise jurisdiction because not considering subject of applicant's complaint; breach of principle of fairness because Commission not having before it fair and adequate basis upon which to make decision-Application allowed-Commission not addressing real issue-No answer to complaint alleging accommodation not reasonable-Evaluation of reasonableness of accommodation required-One-page summary prepared by Commission's staff in support of recommendation complaint not be proceeded with further inaccurate when stated (1) applicant requested exemptions from complex portions of ELOST math tests; (2) applicant had asked as sole recommendation that respondent design special simulation test; (3) medical assessment stating respondent attempted reasonably to accommodate complainant-Analysis paper similarly slanted-Such mischaracterizations of material put forward by complainant also vitiating decision.