Choudhry v. Canada (Attorney General)
ZAHEERUDDIN CHOUDHRY
Law Firm / Organization
Unrepresented
THE ATTORNEY GENERAL OF CANADA
Law Firm / Organization
Attorney General of Canada
Lawyer(s)

Jordan Marks

  • Background: Zaheeruddin Choudhry sought judicial review of the Canadian Human Rights Commission's decision not to deal with his complaint against the Canadian Energy Regulator (CER), filed over a year after the alleged discriminatory acts.

  • Applicant's Argument: Choudhry argued the Commission ignored relevant facts and his right to procedural fairness. He claimed his delay in filing was due to extenuating medical conditions and requested the decision be set aside for a fresh investigation.

  • Decision: The Court dismissed the application for judicial review, not convinced of any reviewable error by the Commission or a breach of procedural fairness.

  • Key Points in Decision:

    1. Procedural Fairness: The Court found no breach of procedural fairness by the Commission.
    2. Reasonableness of Decision: The Commission’s decision was considered reasonable. It was within the Commission's discretion not to deal with the complaint due to the delay.
    3. Medical Condition Consideration: The Court noted the Commission considered Choudhry's medical condition but found he could have filed the complaint during a period of improvement.
    4. Precedents and Public Interest: The Court did not find the Commission's decision contradicted precedents involving mental health emergencies, nor was it persuaded that handling the late complaint served the public interest.
  • Conclusion: The Court upheld the Commission's decision, emphasizing the reasonableness standard and the Commission's discretion in dealing with delayed complaints.

Federal Court
T-711-22
Human rights
Respondent
31 March 2022