Canadian Human Rights Tribunal Issues Important Decision on Human Rights Remedies

On May 7, the Canadian Human Rights Tribunal issued an important decision granting over $310,000 in remedies for discriminatory practices engaged in by the Canada Border Services Agency in violation of sections 7 and 10 of the Canadian Human Rights Act. In an earlier decision, the Tribunal found that the complainant, Levan Turner, was discriminated against by CBSA on the basis of his race, colour, and perceived disability of obesity.

In the remedial decision, the Tribunal found that CBSA wilfully deprived Mr. Turner of employment opportunities, conduct which was deliberate, driven by prejudice and permeated with an ulterior motive to deny Mr. Turner an opportunity to continue being employed with CBSA.

The Tribunal ordered that CBSA compensate Mr. Turner for his lost wages over a ten-year period, anticipated lost wages for the years 2015 to 2019, $15,000 for pain and suffering, and an additional $15,000 compensation arising from CBSA’s wilful discrimination.

Mr. Turner was represented by David Yazbeck of RavenLaw.