The appellant union filed a complaint with the Canadian Human Rights Commission alleging wage discrimination between predominantly male and female job classifications.
An investigator evaluated the jobs using the Aiken Plan and recommended dismissing the complaint as unsubstantiated.
The Commission adopted the report and dismissed the complaint without a formal hearing.
The Supreme Court of Canada held that the Commission's decision under s. 36(3) of the Canadian Human Rights Act was administrative, not judicial or quasi-judicial, and therefore not reviewable under s. 28 of the Federal Court Act.
The Court further found that the Commission had met its duty of procedural fairness by providing the investigator's report and allowing written submissions.
