Evan C. Duffy

The applicants, successful candidates in a First Nation election, sought judicial review of an Election Appeal Committee decision that overturned the results and ordered a new election.

The Court found the process procedurally unfair because the applicants did not receive personal notice of the appeals and were not afforded an opportunity to be heard before the Committee rendered its decision.

The decision was quashed and the matter remitted for reconsideration by a differently constituted Committee.

The applicant sought judicial review of a decision by the Canadian Human Rights Commission dismissing his complaint that his employer, Canadian National Railway Company, discriminated against him by terminating his employment based on family status (childcare obligations).

The applicant alleged he was unable to secure childcare and missed a shift, resulting in demerit points.

He also alleged discrimination and retaliation concerning a concurrent assessment of demerit points for a prior absence issue, claiming it occurred because he requested accommodation.

The Federal Court granted the application, finding the Commission's investigator breached procedural fairness by failing to thoroughly investigate and meaningfully grapple with the related, serious allegations of discrimination and retaliation regarding the prior absence issue.

The matter was remitted to the Commission for a new investigation.