Federal Court

Human Rights Legislation

Applicant did not present persuasive evidence employer’s explanation mere pretext for discrimination

Employer screened applicant out of two job competitions for indeterminate position as customs inspector. Applicant claimed employer discriminated against applicant on grounds of race and ethnic origin. Applicant argued employer’s conduct was pretext for discrimination. Tribunal dismissed complaint after hearing. Tribunal made assumption applicant presented prima facie case of discrimination. Tribunal found employer’s explanation to be reasonable. Tribunal found applicant did not present persuasive evidence employer’s explanation was mere pretext for discrimination. Application for judicial review was dismissed. Tribunal stated correct legal test and applied relevant legal principles correctly. Tribunal’s treatment of evidence was not unreasonable. Applicant sought to reweigh evidence. Tribunal did not err in treatment of evidence. Tribunal’s conclusion was not unreasonable based on evidence. Tribunal’s reasons were adequate.

Turner v. Canada (Attorney General)

(June 24, 2011, F.C., O’Reilly J., File No. T-1094-10) 204 A.C.W.S. (3d) 121 (17 pp.).

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