Canada ( Human Rights Commission ) v. Canadian Broadcasting Corp.
T-2503-94
Muldoon J.
4/10/96
37 pp.
Application for judicial review of Human Rights Tribunal's dismissal of discrimination complaint-Complainant employed by Canadian Broadcasting Corporation (CBC) as television journalist trainee in Native Career Development Program-Complainant failing to regularly attend training due to attendance at rehabilitation program for alcohol abuse-Complainant never disclosing alcohol dependence to CBC nor exhibiting signs of dependence during working hours-Complainant dismissed-Commission making several procedural requests before Tribunal and being denied all-Court finding no denial of procedural fairness by tribunal in any procedural dispositions-Canadian Human Rights Act (CHRA), s. 55 empowering Court to consider whether applicant has better alternative remedies than provided by Federal Court Act, ss. 18 and 18.1-Convenience of alternative, nature of error and powers of appellate body must be considered-In present case, appeal before review tribunal more convenient and tribunal vested with more powers than judicial review court-Applicant Commission ought to have sought review tribunal remedy-Therefore adequate alternative remedy existing and application ought to be dismissed-Tribunal also not acting beyond jurisdiction in dismissing complaint on ground evidence upon which Commission based decision to bring complaint into time under CHRA, s. 41 not disclosing reasonable basis for denying CBC benefit of limitation period-S. 41(e) according Commission procedural, preliminary authority to override basic limitation period of one year-Authority not absolute and respondent's right to benefit of limitation period substantive one not to be displaced arbitrarily by Commission-Decision to extend reviewable by tribunal for appropriateness-Tribunal correctly finding CBC's requirement of regular attendance by trainees bona fide occupational requirement (BFOR)-Onus on complainant to show employer knew of vulnerability and continued to discriminate-Complainant never disclosing previous alcohol dependence-Decision to terminate therefore based on simple failure to attend training-No error in tribunal's findings of fact complainant not alcohol dependent within meaning of CHRA, s. 25 nor that CBC fulfilled duty to accommodate to point of hardship-Findings adequately supported by evidence-Canadian Human Rights Act, R.S.C., 1985, c. H-6, ss. 25 (as am. by S.C. 1992, c. 22, s. 13), 41(e), 55.