Allen v. Canada ( Human Rights Commission )
T-738-92
McGillis J.
16/10/92
7 pp.
Application for mandamus requiring Canadian Human Rights Commission to investigate complaint of discrimination by students against National Capital Commission on basis of race-Applicants arguing "race" in Canadian Human Rights Act, s. 3(1) includes student status -- Commission responding student status not ground of discrimination under Act -- Mandatory obligation imposed on Commission by Act, s. 42(1) complied with -- Applicants fully informed of reason for decision complaint not based on proscribed ground of discrimination under Act and therefore beyond jurisdiction of Commission -- Request for oral hearing before Commission without foundation -- Commission not required to act on judicial or quasi-judicial basis nor to comply with formal rules of natural justice -- Only required to comply with rules of procedural fairness -- "Race" not ambiguous term, consistently referred to in context of inheritable, physical attributes-Student status not inheritable, physical attribute, but transient, non-physical state, not to be included in definition of "race" -- Commission exercising discretion properly in not dealing with complaint -- Application dismissed -- Canadian Human Rights Act, R.S.C., 1985, c. H-6, ss. 3(1), 41(c), 42(1).