Canada ( Attorney General ) v. Beaulieu
A-687-91
Marceau J.A.
25/2/93
14 pp.
Application to review and set aside decision of Canadian Human Rights Tribunal in accordance with Canadian Human Rights Act -- Respondent honourably released from Armed Forces on medical grounds on October 29, 1984 -- Filed complaint with Tribunal in question, saying Armed Forces acted contrary to Canadian Human Rights Act, ss. 7(a) and 10-After reviewing oral evidence at length and based on Act, ss. 3, 7 and 10, Tribunal concluded at time of release respondent had neither epilepsy nor temporal lobe partial epilepsy and release was prohibited and discriminatory practice within meaning of Act -- Tribunal committed denial of natural justice by granting plaintiff relief without first giving Armed Forces opportunity to present evidence and make submissions in this regard -- Tribunal not required to allow preliminary application by Armed Forces for further particulars of Commission's position, since such information not necessary to presentation of full and ample defence -- Tribunal erred in thinking in circumstances of case at bar could find there had been discriminatory practice within meaning of Act merely because on weighing evidence it concluded respondent not suffering from epilepsy or partial temporal lobe epilepsy at time of discharge -- If Armed Forces right in thinking respondent possibly suffered from epilepsy, action taken by it in response to belief perfectly justified and even necessary on clear grounds of safety-Respondent victim not of discrimination but of medical mistake -- Armed Forces not imprudent in arriving at diagnosis and requirement vehicle driver not be subject to epileptic trouble bona fide -- Application allowed -- Canadian Human Rights Act, R.S.C., 1985, c. H-6, ss. 3, 7, 10, 15, 50.