HUMAN RIGHTS
Judicial review of dismissal by Canadian Human Rights Commission of complaint Canada Border Services Agency (CBSA) discriminated against applicant on basis of family status—CBSA accommodation policy for employees with childcare responsibilities required applicant to accept part-time employment in return for fixed shifts—Commission’s decision unreasonable, deficient for failing to provide rational basis for conclusion applicant voluntarily accepted accommodation terms—Commission stating not convinced fixed shift policy constituting serious interference with parental duties—If of view fixed shift policy needed to have discriminatory effect for complaint to move forward, incorrectly conflating issues of prima facie discrimination, accommodation—Burden of proof wrongly imposed on applicant—Apparent adoption of B.C.C.A.’s serious interference test not conforming with binding authorities requiring prima facie discrimination—Application allowed.
Johnstone v. Canada (Attorney General) (T-1523-05, 2007 FC 36, Barnes J., judgment dated 16/1/07, 20 pp.)