Much ink has been spilled over a recent decision by the
Commission de la fonction publique (the
"Commission") on the topic of discriminatory interview
practices. In Association des procureurs aux poursuites
criminelles et pénales et Directeur des poursuites
criminelles et pénales1, the Commission
found that the plaintiff had been discriminated against when she
was denied a position due to her pregnancy. The Commission decision
was mainly based on her employer's comments and questions prior
and during her interview. The Commission ordered that she be
granted the position.
Facts
Following R v. Jordan2, a landmark
decision rendered by the Supreme Court of Canada on the subject of
the delays for an accused to be heard, the Director of Criminal and
Penal Prosecutions (the "DCPP") created numerous new
legal positions in order to reduce such delays. The plaintiff in
this case was already a lawyer with the DCPP when she found out
that she was pregnant and applied for one
