Canada ( Attorney General ) v. Racicot
T-1694-93
Richard J.
17/6/97
10 pp.
Application for judicial review seeking to set aside decision by Chairman of Appeal Board allowing respondent's appeal from recommendation he be released made to Public Service Commission by his superiors at Department of National Defence, who had concluded incapable of properly performing duties of position (store services employee)-Physicians diagnosing personal congenital dorso-lumbar condition and concluding respondent no longer able to perform duties of his work safely-Department installing counters at appropriate height to make store services employees' work easier-Possibility of reassigning respondent examined but producing no results-Chairman of Appeal Board finding respondent incapable of performing duties of position, but also finding Minister's decision premature-Principal issue whether Board erred in law and exceeded jurisdiction by applying provisions of Canadian Human Rights Act-Application allowed-Appeal Board tribunal whose jurisdiction limited to that conferred on it by Parliament: MacNeill v. Canada (Attorney General), [1994] 3 F.C. 261 (C.A.)-No section in Public Service Employment Act empowering Appeal Board to apply CHRA-Chairman of Appeal Board accordingly erred in law by applying CHRA-Therefore unnecessary to deal at length with issues, now purely academic, of nature of discrimination allegedly suffered by respondent or of duty of accommodation or concept of bona fide occupational requirement-Desjardins J.A. holding in MacNeill PSEA, s. 31 case of direct discrimination, but section itself containing bona fide occupational requirement consistent with CHRA-Public Service Employment Act, R.S.C., 1985, c. P-33, s. 31-Canadian Human Rights Act, R.S.C., 1985, c. H-6.