Tracy Anne Drew and her spouse, both Corrections Officers at the Pacific Institution, requested to work the same shift in 2011 for family reasons. The Correctional Service Canada (CSC) granted this by moving Drew to a different unit.
Drew alleged discrimination based on marital and family status due to this transfer and filed a complaint with the Canadian Human Rights Commission.
Procedural History:
The Commission dismissed the complaint, finding no further inquiry warranted.
Drew’s application for judicial review was dismissed by the Federal Court, which found the investigation thorough and the decision reasonable.
Federal Court of Appeal:
Procedural Fairness: The Court found no fundamental flaws in the Commission’s investigation, deeming it fair.
Reasonableness: The Court upheld the Commission's decision as reasonable, based on a thorough review of relevant evidence.
New Evidence: The Court upheld the exclusion of evidence not presented to the Commission.
Conclusion:
The appeal was dismissed, affirming the Federal Court's decision.
Costs: Drew was ordered to pay $750 in costs to the Crown.
