Boahene-Agbo v. Canada ( Human Rights Commission )
T-101-94
Teitelbaum J.
31/10/94
31 pp.
Application for judicial review of Canadian Human Rights Commission's decision dismissing applicant's complaint of discrimination on basis of colour and national or ethnic origin against employer CIDA -- Applicant hired by CIDA under Visible Minorities Program as program manager with one-year probationary period -- First performance appraisal noting improvement in three specific areas required -- Second appraisal noting applicant's performance barely satisfactory and applicant rejected on probation-CIDA Employment Equity Officer reviewing basis of applicant's rejection and recommending supervisor reconsider decision-Decision standing -- Applicant filing complaint with Commission-Applicant's complaint part of project to reduce Commission backlog-Designated investigator replaced several times during course of investigation -- Report recommending dismissal of complaint on ground applicant's allegations unfounded -- Upon applicant's charge investigation flawed, second investigation conducted resulting in recommendation conciliator be appointed for settlement of complaint-Commission dismissing complaint and closing file -- Applicant submitting Commission having no reasonable grounds for rejecting recommendation to appoint conciliator; Commission failing to examine important part of evidence; and Commission acting outside jurisdiction in finding insufficient evidence to continue proceedings -- General duty of "procedural fairness", applying to all administrative decision-making processes, requiring neutrality and thoroughness (Slattery v. Canada, [1994] 2 F.C. 574 (T.D.))-Although Commission's statutory mandate to determine if appointment of tribunal "warranted" increases discretion vested upon Commission in rendering decision, discretion not allowing Commission to completely divorce such decision from merits of complaint-Commission, as master of own procedure, having what it considered most relevant information before it -- Commission not failing to thoroughly consider complaint -- Commission acting within jurisdiction when examining evidence and dismissing complaint-Applicant provided with all reports and submissions and given opportunity of reply -- No evidence Commission acting unfairly-Application for judicial review denied.