Investigator did not consider whether withholding stimulants was reasonable

DISCRIMINATION

Investigator did not consider whether withholding stimulants was reasonable

Applicant was federal inmate who suffered from attention deficit/hyperactivity disorder. Applicant made complaint of failure to accommodate applicant’s disability. Commission decided not to refer applicant’s complaint to tribunal. Doctor was not interviewed. Application for judicial review was allowed. Report was inadequate. Recommendation to commission that complaint not be referred to tribunal was flawed. Decision did not meet requirements of procedural fairness. Investigator was unaware of answers to questions. Investigator believed incorrectly that applicant would take nothing but Ritalin. Investigator did not consider whether withholding stimulants was reasonable given policies or practices, which would have allowed medical staff to administer them without risk they would be diverted to other inmates.
Brazeau v. Canada (Attorney General) (May. 23, 2013, F.C., Sandra J. Simpson J., File No. T-1318-12) 228 A.C.W.S. (3d) 795.