Boudreault v. Canada ( Attorney General )
T-1514-94
Tremblay-Lamer J.
11/7/95
5 p.
Application for judicial review of Canadian Human Rights Commission's decision not to deal with applicant's complaint -- Applicant filed formal complaint of discrimination with Commission against employer -- Employer recommended applicant be released -- Appeal board dismissed applicant's appeal following his release -- Commission decided to consider applicant's case even though time to file complaint expired (first decision) -- Commission decided not to deal with complaint as no further proceedings warranted following appeal board's decision -- Applicant argued Commission simply adopted appeal board's decision rather than exercising own discretion-Where applicant has taken advantage of available internal remedies, Commission may not refuse to exercise its jurisdiction on ground matter has already been decided -- Commission did not exercise its discretion reasonably, as based its decision not on its assessment of case but on fact appeal board had already dealt with matter-Commission committed error of law by refusing to exercise its jurisdiction -- Although complaint filed after time expired, Commission's decision to reconsider case implicitly set aside its first decision -- Application allowed.