Tahmourpour v. Canada (Human Rights Commission)

Tahmourpour v. Canada (Human Rights Commission)
Court (s) Database
Federal Court of Appeal Decisions
Date
2014-09-17
Neutral citation
2014 FCA 204
File numbers
A-382-13
Decision Content
Date: 20140917
Docket: A-382-13
Citation: 2014 FCA 204
CORAM:
NADON J.A.
TRUDEL J.A.
STRATAS J.A.
BETWEEN:
ALI TAHMOURPOUR
Appellant
and
CANADIAN HUMAN RIGHTS COMMISSION
Respondent
and
ROYAL CANADIAN MOUNTED POLICE
Respondent
Heard at Ottawa, Ontario, on September 17, 2014.
Judgment delivered from the Bench at Ottawa, Ontario, on September 17, 2014.
REASONS FOR JUDGMENT OF THE COURT BY:
NADON J.A.
Date: 20140917
Docket: A-382-13
Citation: 2014 FCA 204
CORAM:
NADON J.A.
TRUDEL J.A.
STRATAS J.A.
BETWEEN:
ALI TAHMOURPOUR
Appellant
and
CANADIAN HUMAN RIGHTS COMMISSION
Respondent
and
ROYAL CANADIAN MOUNTED POLICE
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on September 17, 2014).
NADON J.A.
[1] We have not been persuaded that there is any basis to interfere with Mr. Justice Manson’s decision (2013 FC 1131) that there was no breach of the Canadian Human Rights Tribunal’s order (2008 CHRT 10) of April 16, 2008 that the RCMP had to offer the appellant an opportunity to reenroll in the force.
[2] We substantially agree with the reasons of Prothonotary Tabib set out at paragraphs 28 to 51 of her reasons (2013 FC 622) and those of Mr. Justice Manson at paragraphs 37 to 40.
[3] In view of this conclusion, we need not address the issue of whether a finding of contempt may be made against the Crown. In so saying, we should not be taken as accepting or rejecting the view put forward by the learned Judge at paragraphs 24 to 32 of his reasons.
[4] For these reasons, the appeal will be dismissed with costs.
“Marc Nadon”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET:
A-382-13
STYLE OF CAUSE:
ALI TAHMOURPOUR v. CANADIAN HUMAN RIGHTS COMMISSION AND ROYAL CANADIAN MOUNTED POLICE
PLACE OF HEARING:
Ottawa, Ontario
DATE OF HEARING:
September 17, 2014
REASONS FOR JUDGMENT OF THE COURT BY:
NADON J.A.
TRUDEL J.A.
STRATAS J.A.
DELIVERED FROM THE BENCH BY:
NADON J.A.
APPEARANCES:
Paul Champ
For The Appellant
Falguni Debnath
For The Respondent
ROYAL CANADIAN MOUNTAIN POLICE
SOLICITORS OF RECORD:
CHAMP & ASSOCIATES
Ottawa, Ontario
For The Appellant
William F. Pentney
Deputy Attorney General of Canada
For The Respondent
ROYAL CANADIAN MOUNTAIN POLICE