Canada ( Attorney General ) v. Anvari
A-399-91
Mahoney J.A.
6/4/93
8 pp.
S. 28 application against decision of Review Tribunal constituted under Canadian Human Rights Act (CHRA)-Review Tribunal upholding earlier decision of Tribunal respondent victim of discriminatory practice proscribed by CHRA, s. 5(b) -- Respondent, citizen of Iran, found not to be admissible for landing in Canada on medical grounds under Immigration Act, s. 19(1)(a)(ii) -- Disability only prohibited ground of discrimination and adverse differentiation in provision of service by reason thereof only discriminatory practice in play -- Review Tribunal dealing with appeal on basis of record of Tribunal -- Both Acts requiring proof on balance of probabilities -- For jurisdiction to arise under CHRA, provision must have been applied in discriminatory fashion -- Question for decision under CHRA whether, in carrying out duties, medical officers engaged in discriminatory practice not likewise bona fide justified -- No evidence supporting finding respondent victim of discriminatory practice in processing of application -- Tribunal without jurisdiction to make finding and award it did -- Review Tribunal erring in law in failing to set decision aside -- Application allowed -- Canadian Human Rights Act, R.S.C., 1985, c. H-6, ss. 3, 5, 15 -- Immigration Act, R.S.C., 1985, c. I-2, s. 19(1)(a)(ii).