Case information

Charter of Rights — Right to equality — Discrimination based on race — Applicant’s employment terminated following workplace investigation — Whether judicial notice of anti-Chinese racism should be taken in non-criminal human rights proceedings, to avoid a double standard having been applied to different racial groups in Canada where similar racial discrimination against these groups has occurred and to avoid the Applicant’s equality rights under s. 15(1) of the Charter having further been breached. — Whether the patent unreasonableness standard was first applied post-Vavilov to the Human Rights Tribunal of Ontario’s “reasonable” decisions in the instant case without considering a different impact on the outcome, and this standard should be applied uniformly between provinces — Whether there were reversible errors, like mistakenly declined jurisdiction, committed by the Human Rights Tribunal of Ontario, were evaded by the court of first instance and upheld by the appellate court, raising an issue of injustice.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The applicant was employed by the respondent G4S Secure Solutions (Canada) Ltd. as a security guard. His employment was terminated. He made a claim to the Human Rights Tribunal of Ontario that he was the subject of discrimination in respect of employment on the basis of his race, ancestry, place of origin, colour, and ethnic origin. The Human Rights Tribunal of Ontario dismissed the claim and the applicant’s motion for reconsideration was dismissed. The applicant’s application for judicial review was dismissed and leave to appeal to the Court of Appeal was also dismissed.

---

---

---