Alliance for Equality of Blind Canadians v. Canada (Attorney General)
ALLIANCE FOR EQUALITY OF BLIND CANADIANS
Law Firm / Organization
Not Specified
Lawyer(s)

Anne Levesque

ATTORNEY GENERAL OF CANADA
Law Firm / Organization
Department of Justice Canada
FIRST NATIONS CHILD AND FAMILY CARING SOCIETY OF CANADA
Law Firm / Organization
Conway Baxter Wilson LLP
Lawyer(s)

M. Alyssa Holland

  • Background:

    • The Alliance for Equality of Blind Canadians (Alliance) appealed a Federal Court decision dismissing their judicial review application.
    • The application sought to overturn a Canadian Human Rights Commission (Commission) decision not to address a complaint against Employment and Social Development Canada (ESDC) regarding an inaccessible grant process and website.
  • Legal Points:

    • Canadian Human Rights Act: Section 41 mandates the Commission to address complaints unless they fall under specific exclusions.
    • The Commission dismissed the complaint, stating it was filed by an organization, not an individual, thus outside its jurisdiction.
  • Federal Court’s Decision:

    • The decision was deemed reasonable, following principles from Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65.
  • Court of Appeal’s Findings:

    • The Court reviewed the standard of review applied by the Federal Court.
    • It agreed that the Commission’s characterization of the complaint as organizational, not individual, was reasonable and deserved deference.
  • Intervener’s Argument:

    • The First Nations Child and Family Caring Society of Canada argued the Commission had considered organizational complaints before.
    • The Court found no conflict, noting the Commission can accept complaints from organizations on behalf of individuals, which was not applicable here.
  • Conclusion:

    • The appeal was dismissed with no costs awarded.
Federal Court of Appeal
A-242-21
Administrative law
Respondent