View cases - Stewart McKelvey

78[381] CBSA, and its organizational predecessor’s lack of effort and lack of concern takes manyforms over many years including: disregard for the Brown decision after writing a letter ofapology; developing a model policy and then burying it (some management knew of it, some didnot); pursuing arbitrary policies that are unwritten and not universally followed; lack of humanrights awareness training even at the senior management level; the proffering of a floodgatesargument 5 years after the complaint with the Respondent giving insufficient time and data to itsown expert to enable him to provide a helpful expert opinion; and no attempt to inquire ofMs. Johnstone as to her particular circumstances or inform her of options to meet her needs.[382] Given all the circumstances of this case, this Tribunal awards Ms. Johnstone $20,000.00under this heading. CBSA’s conduct has been willful and reckless, showing a disregard forMs. Johnstone’s situation and denying that a duty to accommodate exists on grounds of familystatus arising for childcare responsibilities such as hers.2010 CHRT 20 (CanLII)D. Interest[383] Pursuant to Section 53(4) of the Act, this Tribunal orders that compound interest at theCanada Savings Bond rate be paid on any and all amounts awarded pursuant to this decisionunder the headings of General Damages for Pain and Suffering pursuant to Section 53(2)(e) of theAct, and Special Compensation pursuant to Section 53(3) of the Act.E. Solicitor Client Costs[384] Ms. Johnstone was represented by senior legal counsel, experienced in matters of humanrights law and the organizational structures of the federal public service. Ms. Johnstone’scounsel’s expertise allowed her to present a thorough Complainant’s case before the Tribunal andwas an integral part of her ultimate success. Due to the conflicting nature of past court decisionsand adjudications on the enumerated ground of family status in the Act, and the unique andcomplex nature of CBSA operations, it would have been difficult for an unrepresented person topresent this case.