The respondents requested the dismissal of a human rights application alleging discrimination on the basis of disability, sex, and family status.
They argued the application was barred by the internal complaint process of the Children's Aid Society and by the statutory immunity provided under section 15(6) of the Child and Family Services Act.
The Tribunal denied the request, finding that no other proceeding had appropriately dealt with the substance of the application and that the statutory immunity in the CFSA does not override the primacy of the Human Rights Code.
