Ali Tahmourpour was a Muslim cadet of Iranian origin who was expelled from a RCMP training program and not allowed to reapply. The RCMP argued that he had underperformed in many of the core areas of competency and that his erratic behavior at the time of dismissal caused them to disallow his application to the program. Tahmourpour alleged that he had been the victim of harassment and discrimination, More specifically, he claimed that he was
Ali Tahmourpour and Canadian Human Rights Commission and Royal Canadian Mounted Police (2008) CHRT 10
The religious pendant incident, the hostile and abusive behavior of an instructor, and the derogatory comment about his handwriting were incidents of adverse differentiation,
Many of the assessments were shown to be inaccurate or at least heavily influenced by racist attitudes. Other were shown to be accurate, but the Tribunal stated that the discriminatory treatment of the complainant contributed to his poor performance. It relied in part upon evidence of high attrition rates of minority cadets to draw this conclusion,
The recommendations for dismissal were based on these discriminatory assessments.
The recommendation not to be readmitted was based on a non-existent medical report and on facilitators who had discriminated against him
There was no evidence of harassment
The Tribunal ordered that the RCMP
Ø Allow the complainant to reapply
Ø Pay him for two years loss salary
Ø Pay him the salary of an RCMP officer (corporal rank) minus the average full-time industrial wage for persons his age until such time as the complainant accepts or rejects the offer to reapply
Ø Pay him $9,000 in damages to dignity
Ø Pay him $12, 000 in special damages due to willing and reckless wrongful treatment
Ø Pay him $9,500 in compensation for the expenses he incurred in minimizing his losses
Ø Pay him his legal fees
This case was appealed to the Federal Court, which found that the Tribunal had made some errors in law and has sent it back to the Tribunal for another member of the Tribunal to hear it. The Court did not find fault, however, in the use of systemic data to draw conclusions on a case of individual discrimination. We will keep you updated on the outcome of the case.