Human Rights - What constitutes discrimination - Race, ancestry or place of origin
Applicant was born in United States of America and received all of his medical training and specialty training in psychiatry in United States. Canadian Human Rights Tribunal dismissed applicant's claim for discrimination arising from refusal of Canadian Armed Forces (CAF) to employ him as psychiatrist because he lacked specialist accreditation from Royal College of Physicians and Surgeons of Canada (RCPSC). Tribunal found that applicant failed to make out prima facie case of discrimination. Applicant's application for judicial review was dismissed. Application judge determined that tribunal's decision was reasonable, and that tribunal had not violated applicant's procedural fairness rights. Applicant appealed. Appeal dismissed. It was not unreasonable for tribunal to have concluded that applicant failed to establish that his place of education or origin resulted in any adverse treatment by CAF because evidence was insufficient to establish that American-educated physicians or psychiatrists were adversely impacted in RCPSC accreditation process.
Keith v. Canada (Human Rights Commission) (2019), 2019 CarswellNat 5656, 2019 FCA 251, Dawson J.A., Near J.A., and Mary J.L. Gleason J.A. (F.C.A.); affirmed (2018), 2018 CarswellNat 3393, 2018 CarswellNat 3721, 2018 FC 645, 2018 CF 645, Henry S. Brown J. (F.C.).
Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca
