A former Coast Guard employee (“Brooks”) brought a complaint of racial discrimination under the Canadian Human Rights Act (the “Act”) against the Department of Fisheries and Oceans (the “DFO”). The Human Rights Tribunal determined that DFO had discriminated against Brooks based on his race. The Tribunal then declined to consider the remedies of reinstatement and back pay which Brooks sought. The Attorney General of Canada brought an application for judicial review to set aside the decision that the DFO had discriminated against Brooks and Brooks applied for judicial review of the decision to decline to consider the remedies.
Administrative law – Human rights complaints – Discrimination – Race – Decisions of administrative tribunals – Human Rights Tribunal – Employment – Appointment – Remedies – Hearings – Judicial review – Procedural requirements and fairness – Evidence – Standard of review – Correctness – Reasonableness simpliciter Brooks v. Canada (Department of Fisheries and Oceans), [2006] F.C.J. No. 1569, Federal Court, ...