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McDonald v. Canada ( Human Rights Commission )

T-1354-93

Strayer J.

19/5/94

4 pp.

Application for certiorari against Canadian Human Rights Commission's (CHRC) decision refusing to order inquiry in respect of complaint against RCMP -- During interview for position with RCMP, applicant could not answer two questions because suffered from mild dyslexia -- Two marks short of passing score required to qualify for next level of consideration for competition -- Applicant filed complaint RCMP discriminated against him in employment by refusing to employ him because of disability -- CHRC decided pursuant to Canadian Human Rights Act, s. 44(3)(b)(i) to dismiss complaint on evidence allegation of discrimination unfounded; discretionary decision -- Court should not intervene unless discretion exercised on wrong principle or irrelevant consideration -- Evidence even if applicant obtained perfect marks on questions, still would not have been successful -- Canadian Human Rights Act, R.S.C., 1985, c. H-6, s. 44(3)(b)(i) (as am. by R.S.C., 1985 (1st Supp.), c. 31, s. 64).

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