Canada ( Human Rights Commission ) v. Canada ( Armed Forces )
T-2683-94
Denault J.
16/6/95
5 pp.
Application for judicial review to set aside portion of Canadian Human Rights Tribunal decision declining to grant compensation for lost wages on basis lacking jurisdiction -- Upon obtaining voluntary release from Armed Forces, complainant filing human rights complaint alleging discrimination on basis of Act, ss. 7, 10 and 14 against former employer -- Allegations pursuant to ss. 7 and 10 abandoned prior to hearing -- Tribunal concluding Armed Forces liable for discrimination by failing to respond in appropriate fashion to complaints of harassment and by not exercising due diligence to ensure workplace free of harassment-Tribunal declining to grant compensation for lost wages as Act, s. 14, in tribunal's opinion, not conferring required jurisdiction-Issue whether tribunal correct in holding no jurisdiction to make award for lost wages -- Act, s. 4 clearly stating discriminatory practices pursuant to Act, ss. 5 to 14 may be made subject to ss. 53 and 54 order, including order for compensation for lost wages pursuant to Act, s. 53(2)(c) -- Victim of discrimination described in Act, s. 14 may be compensated for any or all lost wages incurred as result of discriminatory practice -- Letter from commission's former counsel to effect lost wages not issue not removing tribunal's jurisdiction in matter; jurisdiction cannot be conferred by consent of parties as it cannot be removed by a party-Application allowed -- Canadian Human Rights Act, R.S.C., 1985, H-6, ss. 7, 10, 14, 53(2)(c).