Facts: The applicant was a ship captain who had held a Master Mariner Certificate (“MMC”) since 1975. In 2019 he sought to renew his MMC but was medically assessed as unfit due to concerns about his cognitive functions. A further neuropsychological report concluded that there was a high probability that the applicant would be fit for duty so long as he functioned within familiar routines and roles. Transport Canada refused to issue the MMC, citing the need for the Master Mariner to respond to emergency situations. The applicant alleged that he was subject to age discrimination and made complaints to the Canadian Human Rights Commission and the Transportation Appeal Tribunal of Canada (TATC), which deals with appeals of Transport Canada’s decisions about mariner licences.

Decision: Judicial review was granted as the decision by the TATC was unreasonable. The matter was remanded back to another member of the TATC for redetermination.

Held: The standard of review on a judicial review application has been determined to be “reasonableness”. The decision of the TATC was unreasonable in that it did not adequately deal with the applicant’s complaint about age discrimination. The Canadian Charter of Rights and Freedoms, as well as the Marine Personnel Regulations, require consideration of human rights laws, which prohibit age discrimination. The TATC, when reviewing Transport Canada’s decision, did not adequately consider and address the allegation of age discrimination, and whether the disability due to age could be accommodated. The decision was therefore unreasonable and the appropriate remedy would be a reconsideration by another member of the TATC.