2 total
Human rights application dismissed; police inquiry into mental health during investigation was not discriminatory.
The applicant alleged discrimination on the basis of disability in the provision of services after a police officer inquired about his mental health during an investigation of a neighbour dispute.
The officer had responded to the applicant's complaint of assault, and the neighbour alleged the applicant was schizophrenic and acting dangerously.
The Tribunal found that the officer's questions about the applicant's mental health were part of a legitimate police investigation to determine if there were grounds for apprehension under the Mental Health Act.
The application was dismissed, as the inquiry did not violate the Human Rights Code.
Certification application dismissed; community college is a Crown agency and Board lacks jurisdiction to apply Charter.
The union applied for certification to represent part-time employees of a community college.
The college objected, arguing it was a Crown agency and therefore not subject to the Labour Relations Act.
The union argued that if the college was a Crown agency, the exclusion of part-time employees from collective bargaining legislation violated their freedom of association under the Charter.
The Board held that the college is a Crown agency due to the substantial control exercised by the Crown.
The Board further held that it lacked jurisdiction to use the Charter to read down the Interpretations Act or other external statutes to expand its own jurisdiction.
The application was dismissed.
