Canada ( Human Rights Commission ) v. Toronto Dominion Bank
T-2116-94
Simpson J.
22/4/96
16 pp.
Application for judicial review of Human Rights Tribunal's decision dismissing Canadian Civil Liberties Association's (CCLA) complaint against Toronto Dominion Bank-Bank policy provides within 48 hours of receipt of employment offer, employee must provide urine sample for drug testing at Bank's expense-If test positive, employee must undergo further testing and rehabilitation-If rehabilitation unsuccessful, refused or abandoned, persistent users terminated whether or not in fact dependent and whether or not use has impact on job performance-CCLA complaint alleged contravention of Canadian Human Rights Act (CHRA), s. 10 by direct discrimination depriving persons of employment on basis of disability-Application allowed-Tribunal erred in concluding policy non-discriminatory-Matter sent back to Tribunal for further hearing only on issue of whether policy rationally related to performance on job-Tribunal correct when considered accommodation in context of adverse effect discrimination but failed to reach clear conclusion about need for rational connection between policy and performance on job-Tribunal did not err by not addressing individual performance issues as aspect of accommodation-Tribunal's failure to hold policy violating privacy values enshrined in Charter, s. 8 not reviewable error-Privacy and contract issues outside Tribunal's jurisdiction-Tribunal did not err in concluding policy condition of employment-Finding not tantamount to finding parties can "contract out" of provisions of CHRA-Counsel for Commission also not denied procedural fairness by refusal of adjournment and curtailing of reply-Canadian Human Rights Act, R.S.C., 1985, c. H-6, s. 10.