name: Opdenvelde v. Amalgamated Transit Union, Local 1374
unofficial_text: Opdenvelde v. Amalgamated Transit Union, Local 1374
  Collection
  Canadian Human Rights Tribunal
  Date
  2004-07-20
  Neutral citation
  2004 CHRT 25
  File number(s)
  T837/8703, T872/12203, T873/12303
  Decision-maker(s)
  Doucet, Michel
  Decision type
  Decision
  Decision Content
  CANADIAN HUMAN RIGHTS TRIBUNAL TRIBUNAL CANADIEN DES DROITS DE LA PERSONNE
  PETER OPDENVELDE,
  KATHERINE MAYHEW
  Complainants
  - and -
  CANADIAN HUMAN RIGHTS COMMISSION
  Commission
  - and -
  BREWSTER TRANSPORT COMPANY LIMITED
  - and -
  AMALGAMATED TRANSIT UNION, LOCAL 1374
  Respondents
  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.
  Signed by Michel Doucet
  OTTAWA, Ontario
  July 20, 2004
  PARTIES OF RECORD
  TRIBUNAL FILES NOS.: T837/8703, T872/12203, T873/12303
  STYLE OF CAUSE: Peter Opdenvelde v. Brewster Transport Company Limited Katherine Mayhew v. Brewster Transport Company Limited Katherine Mayhew v. Amalgamated Transit Union, Local 1374
  DATE AND PLACE OF HEARING: July 15, 2004 Ottawa, Ontario Toronto, Ontario (via videoconference) Calgary, Alberta (via videoconference)
  RULING OF THE TRIBUNAL DATED: July 20, 2004
  APPEARANCES:
  Peter Opdenvelde On his own behalf
  Katherine Mayhew On her own behalf
  R. Daniel Pagowski Counsel for the Canadian Human Rights Commission
  Heather Treacy Counsel for Brewster Transport Company Limited
  Sylvia Davis Counsel for the Amalgamated Transit Union, Local 1374
  