Docket: A-382-13
Citation: 2014 FCA 204
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CORAM:
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NADON J.A.
TRUDEL J.A.
STRATAS J.A.
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BETWEEN:
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ALI TAHMOURPOUR
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Appellant
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and
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CANADIAN HUMAN RIGHTS COMMISSION
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Respondent
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and
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ROYAL CANADIAN MOUNTED POLICE
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Respondent
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Heard at Ottawa, Ontario, on September 17, 2014.
Judgment delivered from the Bench at Ottawa, Ontario, on September
17, 2014.
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REASONS FOR JUDGMENT OF THE COURT BY:
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NADON
J.A.
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Docket: A-382-13
Citation:
2014 FCA 204
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CORAM:
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NADON J.A.
TRUDEL J.A.
STRATAS J.A.
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BETWEEN:
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ALI TAHMOURPOUR
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Appellant
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and
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CANADIAN HUMAN RIGHTS COMMISSION
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Respondent
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and
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ROYAL CANADIAN MOUNTED POLICE
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Respondent
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REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on September
17, 2014).
NADON
J.A.
[1]
We have not been persuaded that there is any
basis to interfere with Mr. Justice Manson’s decision (2013 FC 1131) that there
was no breach of the Canadian Human Rights Tribunal’s order (2008 CHRT 10) of
April 16, 2008 that the RCMP had to offer the appellant an opportunity to
reenroll in the force.
[2]
We substantially agree with the reasons of
Prothonotary Tabib set out at paragraphs 28 to 51 of her reasons (2013 FC 622)
and those of Mr. Justice Manson at paragraphs 37 to 40.
[3]
In view of this conclusion, we need not address
the issue of whether a finding of contempt may be made against the Crown. In so
saying, we should not be taken as accepting or rejecting the view put forward
by the learned Judge at paragraphs 24 to 32 of his reasons.
[4]
For these reasons, the appeal will be dismissed
with costs.
“Marc Nadon”
FEDERAL
COURT OF APPEAL
NAMES
OF COUNSEL AND SOLICITORS OF RECORD
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DOCKET:
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A-382-13
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STYLE OF CAUSE:
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ALI TAHMOURPOUR v. CANADIAN HUMAN
RIGHTS COMMISSION AND ROYAL CANADIAN MOUNTED POLICE
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PLACE OF
HEARING:
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Ottawa, Ontario
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DATE OF
HEARING:
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September 17, 2014
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REASONS
FOR JUDGMENT OF THE COURT BY:
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NADON J.A.
TRUDEL J.A.
STRATAS J.A.
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DELIVERED
FROM THE BENCH BY:
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NADON J.A.
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APPEARANCES:
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Paul Champ
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For The
Appellant
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Falguni Debnath
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For The
Respondent
ROYAL CANADIAN MOUNTAIN POLICE
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SOLICITORS OF RECORD:
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CHAMP & ASSOCIATES
Ottawa, Ontario
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For The
Appellant
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William F. Pentney
Deputy Attorney General of Canada
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For The
Respondent
ROYAL CANADIAN MOUNTAIN POLICE
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