CANADIAN HUMAN RIGHTS TRIBUNAL TRIBUNAL CANADIEN DES DROITS DE LA PERSONNE
CANADIAN HUMAN RIGHTS COMMISSION
BREWSTER TRANSPORT COMPANY LIMITED
AMALGAMATED TRANSIT UNION, LOCAL 1374
RULING ON COMPLAINTS
PURSUANT TO SECTIONS 7, 9 AND 10
MEMBER: Michel Doucet | 2004 CHRT 25 2004/07/20 |
[1] The complaint of Peter Opdenvelde dated August 10, 2001, pursuant to section 7 of the Canadian Human Rights Act, against Brewster Transport Company Limited is adjourned sine die.
[2] The complaint of Katherine Mayhew dated June 1, 2002, pursuant to section 7 of the Act, against Brewster Transport Company Limited and the complaint of Katherine Mayhew, dated June 1, 2002, pursuant to section 9 of the Act against the Amalgamated Transit Union, Local 1374, are adjourned sine die.
[3] It is admitted by all of the parties that there is a prima facie case of discrimination in relation to the section 10 complaints of Peter Opdenvelde, dated August 10, 2001, against Brewster Transport Company Limited and of Katherine Mayhew against Brewster Transport Company Limited and against the Amalgamated Transit Union, Local 1374.
[4] It is admitted by all the parties that the Alcohol and Drug Use Policy of Brewster Transport Company Limited with the attached addendum containing amendments to the Policy represents a bona fide occupational requirement under section 15(1)a) of the Act.
[5] It is therefore the opinion of this Tribunal that, under these circumstances, the Alcohol and Drug Use Policy of Brewster Transport Company Limited with the attached addendum containing amendments to the policy complies with the Canadian Human Rights Act.