| Citation: |
Gainer v. Canada (Export Development), 2009 FCA 154, [2009] 3 F.C.R. D-12 |
A-468-08 |
Human Rights
Appeal from Federal Court decision (2008 FC 904) dismissing judicial review of Canadian Human Rights Commission’s dismissal of complaint—Appellant alleging retaliation by previous employer Export Development Canada (EDC) contrary to Canadian Human Rights Act, R.S.C., 1985, c. H-6, s. 14.1 after pay equity complaint filed—Commission undertaking investigation pursuant to Federal Court order (2006 FC 814) issued after initial dismissal of complaint quashed—In reasons for order, Federal Court identifying deficiencies in Commission’s investigation—Allegations of reprisal relating to incidents occurring before filing of pay equity complaint—Dubois v. Canada (Attorney General), 2006 FCA 127, in which Act, s. 14.1 interpreted as applying only to acts occurring after complaint filed, not brought to Federal Court’s attention before order issued—No basis for reconsidering Dubois—Federal Court order restricted to Act, s. 14.1—Not open to appellant to argue EDC’s conduct breached Act’s other provisions given limited scope of investigation Commission ordered to undertake—Appellant also precluded from relying on s. 14.1 regarding alleged retaliation occurring after complaint filed since not previously raised, not coming within narrow scope of investigation ordered—Appeal dismissed.
Gainer v. Canada (Export Development) (A-468-08, 2009 FCA 154, Evans J.A., judgment dated May 13, 2009, 4 pp.)