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9 C.H.R.R. ND/1 (1988)

handle is hein.journals/chhr9 and id is 1 raw text is: CANADIAN HUMAN RIGHTS REPORTER NEW DEVELOPMENTS January 1988 CASES OF NOTE Affirmative Action Program Approval Quashed by Court The Manitoba Court of Queen's Bench has quashed a decision of the Manitoba Human Rights Commis- sion which approved a special program submitted by the Government of Manitoba. The Commission ap- proved a special program which gave first option on li- censes for new wild rice growing areas to Indian bands, treaty Indians, and native people. The Com- mission's approval of the program under section 9 of the Manitoba Human Rights Act had the effect of pro- tecting the operation of the program from complaints of discrimination. The Commission's decision was challenged by the appellants, who are non-native wild rice farmers. The Court found that the affirmative action pro- gram approved by the Commission does not warrant the protection of section 15(2) of the Charter because there is insufficient evidence to show that the program addresses the cause of disadvantage of native people in Manitoba. It is not sufficient to declare that the ob- ject of a program is to assist a disadvantaged group if in fact the ameliorative remedy is not directed toward the cause of the disadvantage. (See Decision 699) Quebec Court of Appeal Finds Assault by Police Not Based on Racial Discrimination The Quebec Court of Appeal has confirmed the judgment of the Superior Court and has rejected the appeal of the Quebec Human Rights Commission who alleged that Moliere Thdard was discriminated against during an incident with the Montreal police during which he was the victim of police brutality. The onus was on. the Commission to prove that it was because the victim was black that he was struck by the police officers. The Court found that racist re- marks were made to Thdard but there was insufficent evidence to conclude that his race was the cause of the blow which wounded him on the head. (See Decision 700) Mandatory Retirement Discriminatory in Alberta An Alberta Board of Inquiry has found that Dr. Olive Dickason was discriminated against contrary to section 7 of the Individual's Rights Protection Act and section 15 of the Canadian Charter of Rights and Freedoms when she was mandatorily retired at age 65 from her faculty position at the University of Alberta. The Board of Inquiry found that the arguments pre- sented by the University to justify the mandatory retirement policy did not justify the curtailment of Dickason's rights. (See Decision 701) CEIC Investigation Procedure Constitutes Indirect Discrimination A Canadian Human Rights Review Tribunal has al- lowed an appeal from the original tribunal decision which found that Jacques LeDeuff was not discrimi- nated against by the Canada Employment and Immi- gration Commission when he was contacted by an im- migration officer inquiring about his citizenship be- cause he had a foreign-sounding name. Mr. LeDeuff complained to the Canadian Human Rights Commission that he was discriminated against with respect to a public service because he was con- tacted by an official of CEIC who was attempting to locate immigrants who had engaged in illegal acts in Canada. CEIC's procedure for locating such persons is to send its officials to the courts to examine the rolls of persons charged with offenses and to identify from these rolls anyone with a foreign-sounding name, and check on those persons by mail or telephone. The original Tribunal ruled that Mr. LeDeuff was not discriminated against because the CEIC procedure was not directed against any particular ethnic or na- tional group. The Review Tribunal found that Mr. ND/l Volume 9, C.H.R.R.

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