Appellant
Respondent
- Parties: The appellant was Marie Mache Rameau. The respondent was the Procureur général du Canada.
- Subject Matter: The Canadian Human Rights Commission issued a decision concluding that an examination of the appellant’s complaint for discrimination, retaliation, and harassment on the part of his former employer was unjustified under s. 44(3)(b)(i) of the Canadian Human Rights Act, 1985, given the circumstances. The appellant applied for judicial review challenging the commission’s decision. The Federal Court dismissed the appellant’s judicial review application.
- Ruling: The appeal court ruled in the respondent’s favour and dismissed the appeal. The Federal Court erred in applying the standard of correctness, the appeal court said. The appeal court concluded, by applying the appropriate standard of review, that the decision was unreasonable because it was not reflective of a rational analysis and was unjustified in light of all the relevant law and facts. However, the appeal court exercised its remedial discretion by refusing to set aside the decision and by refusing to remit the matter to the commission for a new decision since the only reasonable decision would be to dismiss the appellant’s complaint, given the legal and factual constraints applicable in this case.
- Date: The hearing was set on Sept. 13, 2023. The court released its decision on Mar. 7, 2024.
- Venue: This was a federal case before the Federal Court of Appeal.
- Amount: No financial award was specified.
Court
Federal Court of AppealCase Number
A-48-17Practice Area
Employment lawAmount
$ 0Winner
RespondentTrial Start Date
13 February 2017Download documents