Brochu v. Bank of Montreal
T-2821-94
Rouleau J.
19/6/96
7 pp.
Application to set aside decision of CHRC dismissing applicant's complaint of discrimination-Applicant denied position of Senior Manager, Corporate Security in Bank of Montreal, although more experienced, qualified than candidate selected-Alleged discrimination on basis of national or ethnic origin contrary to C.H.R.A., s. 7-Complaint rejected by Commission on ground allegation of discrimination unfounded-Commission failing to provide reasons for decision-No duty on Commission to give reasons for dismissing complaint according to respondent, intervenor-Common law not recognizing general duty on administrative tribunals to provide reasons for decisions-However, in certain circumstances, principles of fairness and natural justice may imply existence of duty to give reasons so that individual adversely affected by negative decision knows underlying rationale-Without reasons could be impossible to correct decision arrived at on basis of irrelevant considerations-Commission not possessing unfettered discretion in carrying out statutory mandate, cannot escape judicial intervention by refusing to provide reasons for decision-Commission's refusal to provide reasons for decision raising strong inference decision may have been made on basis of extraneous considerations-Order requiring Commission to disclose reasons for decision-Canadian Human Rights Act, R.S.C., 1985, c. H-6, s. 7.