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http://www.torontosun.com/news/torontoandgta/2010/02/01/12701236.html
No discrimination found in military complaint
By Tom Godfrey, Toronto Sun
A Toronto man who filed a human rights complaint alleging he was turned down by the Canadian Forces Reserves because he is a “black African Muslim” has had his case thrown out by a high court.
Abdur-Rashid Balogun applied to be a Reserves officer in February 2001 and filed a complaint to the Canadian Human Rights Commission after waiting three years for a response.
Balogun alleged “difficulties and delays” in the application process were because of discrimination “based on his race, religion and national/ethnic origin,” the decision from a Federal Court of Appeal shows.
The complaint was handled by a commission investigator who ruled there was no discrimination and the complaint should not be sent to a tribunal for a hearing, according to the court.
Balogun sought leave to appeal to the Federal Court of Canada, which upheld the decision. He then took the complaint to the Federal Court of Appeal, which threw it out last week, making it the third federal body to do so.
Court heard Balogun’s application was placed on hold because of the results of a credit check, which had to be corrected before he could be accepted in the military.
Balogun argued a credit check wasn’t required for the position he had applied for.
“The appellant was not qualified for the employment opportunity at the relevant time,” court was told. “A credit check is part of this assessment which is used ... to determine a candidate’s suitability.”
Federal Court of Appeal Judge Carolyn Layden-Stevenson said an investigator ruled that Balogun’s recruitment be placed on hold because he didn’t provide paperwork to show his bad debts were dealt with. He was ultimately cleared.
The court was told it is mandatory for the Canadian Forces to check a potential recruit’s personal data, including his professional and educational qualification, trade certificate, employment data, criminal records, name and credit checks.
Layden-Stevenson said the delay was based on “administrative failures” of the military.
Canadian Forces officials refused to comment Monday on the case.
No discrimination found in military complaint
By Tom Godfrey, Toronto Sun
A Toronto man who filed a human rights complaint alleging he was turned down by the Canadian Forces Reserves because he is a “black African Muslim” has had his case thrown out by a high court.
Abdur-Rashid Balogun applied to be a Reserves officer in February 2001 and filed a complaint to the Canadian Human Rights Commission after waiting three years for a response.
Balogun alleged “difficulties and delays” in the application process were because of discrimination “based on his race, religion and national/ethnic origin,” the decision from a Federal Court of Appeal shows.
The complaint was handled by a commission investigator who ruled there was no discrimination and the complaint should not be sent to a tribunal for a hearing, according to the court.
Balogun sought leave to appeal to the Federal Court of Canada, which upheld the decision. He then took the complaint to the Federal Court of Appeal, which threw it out last week, making it the third federal body to do so.
Court heard Balogun’s application was placed on hold because of the results of a credit check, which had to be corrected before he could be accepted in the military.
Balogun argued a credit check wasn’t required for the position he had applied for.
“The appellant was not qualified for the employment opportunity at the relevant time,” court was told. “A credit check is part of this assessment which is used ... to determine a candidate’s suitability.”
Federal Court of Appeal Judge Carolyn Layden-Stevenson said an investigator ruled that Balogun’s recruitment be placed on hold because he didn’t provide paperwork to show his bad debts were dealt with. He was ultimately cleared.
The court was told it is mandatory for the Canadian Forces to check a potential recruit’s personal data, including his professional and educational qualification, trade certificate, employment data, criminal records, name and credit checks.
Layden-Stevenson said the delay was based on “administrative failures” of the military.
Canadian Forces officials refused to comment Monday on the case.