Date: 20020726
Docket: T-2073-01
Neutral Citation: 2002 FCT 827
BETWEEN:
YUL FERNANDO HILL
Applicant
- and -
AIR CANADA
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL J.
[1] This is an application for judicial review of a Canadian Human Rights Commission (the "Commission") decision, dated October 18, 2001, to dismiss the Applicant's complaint against the Respondent's predecessor, Canadian Airlines International Limited (the "Respondent").
[2] The Applicant filed a complaint against the Respondent in 1995, alleging that the Respondent had engaged in systemic discrimination on the grounds of race, colour, and national or ethnic origin. Pursuant to s.44(3)(b)(i) of the Canadian Human Rights Act, R.S.C. 1985, c. H-6, the Commission decided to dismiss the complaint because having regard to all of the circumstances, an inquiry by a Tribunal was not warranted.
[3] The Applicant challenges this decision on the following grounds:
a) The Applicant has made out a meritorious and reasonably arguable case against Canadian Airlines International Ltd., including inter alia, systemic discrimination on the basis of race and colour.
b) The Canadian Human Rights Commission failed to observe the principles of natural justice and procedural fairness regarding the allegations by the Applicant against Canadian Airlines International Ltd.
c) The Canadian Human Rights Commission based its decision on an erroneous finding of fact that it made in a capricious manner without regard to the material before it.
(Applicant's Record, p.3)
[4] The Applicant submits various arguments in support of these grounds; however, it is clear that the central challenge is to the Commission's decision that an inquiry by a Tribunal is not warranted. It is well-established that this decision is not subject to review unless there is a breach of the principles of natural justice or procedural fairness or the decision is not supportable by the evidence (Bourgeois v. Canadian Imperial Bank of Commerce, [2000] F.C.J. No. 1655 (F.C.A.). As a result, on this review, I find that the Applicant has the burden of demonstrating that the Commission's decision was based on an erroneous finding of fact made in a perverse or capricious manner without regard for the material before it.
[5] In the present case, I find that the Applicant has failed to discharge this burden. I accept the Respondent's submissions and find that the Commission acted within its jurisdiction and its decision was reasonably based on the evidence before it, namely the submissions of both parties to the complaint and the investigator's report.
[6] I find no reviewable error in the decision under review.
O R D E R
Accordingly, this application is dismissed.
(Sgd.) "Douglas R. Campbell"
JUDGE
Vancouver, B.C.
July 26, 2002
I HEREBY CERTIFY that the above document
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is a true copy of the original filed of record
in the Registry of the Federal Court of Canada
on the _______ day of ___________ A.D. 20 ____
Dated this _______ day of ____________ 20 ____
________________________________
Julie A. Gordon, Registry Officer
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FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-2073-01
STYLE OF CAUSE: YUL FERNANDO HILL
Applicant
- and -
AIR CANADA
Respondent
PLACE OF HEARING: Vancouver, B.C.
DATE OF HEARING: July 25, 2002
REASONS FOR ORDER AND ORDER: CAMPBELL J.
DATED: July 26, 2002
APPEARANCES:
Ms. Christianna Scott for Applicant
Mr. Cecil F. Ash for Respondent
SOLICITORS OF RECORD:
Law Branch for Applicant
Air Canada Centre 1276
Dorval, Quebec
Ash, O'Donnell, Hibbert for Respondent
Richmond, B.C.
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