Case information

Employment law — Administrative law — Judicial review — Courts — Duty to accommodate — Whether applicant’s disabilities were not accommodated by the courts — Whether courts failed to remove barriers — Whether courts failed to follow and adhere to the Accessible Canada Act — Whether Federal Court of Appeal omitted perjury and erred in law by permitting perjury – Whether joining four cases deprived applicant of having cases being fully heard — Whether Federal Court of Appeal erred in law by ignoring applicant’s submissions and by omitting them from its decision — Whether evidence was improperly struck — Whether Federal Court of Appeal ignored and omitted submissions relating to employer’s failure to accommodate disability — Whether credibility of witnesses and counsel was improperly assessed?

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.

Mr. Haynes requested accommodation from his employer, Employment and Social Development Canada. When adequate accommodations were not made, he filed four complaints alleging harassment, discrimination and failure to accommodate his autism. An independent investigator conducted an investigation and concluded the complaints were substantiated in part. The official within Employment and Social Development Canada designated to receive harassment complaints accepted the findings. Mr. Haynes applied for judicial review of the designated official’s decision. The Federal Court dismissed the application. The Federal Court of Appeal dismissed an appeal.