Canadian Human Rights Tribunal

TERRY BUFFETT

Complainant

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CANADIAN HUMAN RIGHTS COMMISSION

Commission

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CANADIAN FORCES

Respondent

DECISION

[1] In a judgment dated October 16, 2007, the Federal Court set aside my decision in the present case and referred it back to the Tribunal for redetermination (Attorney General of Canada v. Buffett, 2007 FC 1061). The Court's Order stated that there is no need for the Tribunal to conduct an additional hearing and that Mr. Buffett's complaint is to be redetermined in accordance with the reasons of the Court, in particular, paragraphs 55 and 56 and following.

[2] It was pointed out in the judgment that if the matter had consisted of an appeal of the Tribunal's decision rather than a judicial review, the Court would have ordered the Canadian Forces (CF) to fund the intra-cytoplasmic sperm injection (ICSI) portion of Mr. Buffett's treatment to a maximum of three cycles. The Court noted, however, that during the judicial review hearing, Mr. Buffett stated that given his and his spouse's current ages, it is no longer recommended that they seek in vitro fertilization (IVF) and ICSI treatments. Consequently, the Court concluded that the issuance of such an order has now been rendered moot. Accordingly, the present decision does not contain such an order.

[3] In addition, the parties have confirmed to the Tribunal that that the CF has paid in full the pain and suffering award resulting from my decision of September 15, 2006, which award was undisturbed by the Court in its judgment of October 16, 2007. I do not think it necessary, therefore, for me to re-issue this order.

[4] Thus, for the reasons given by the Court, I hereby make the following order:

Pursuant to s. 53(2)(a) of the Canadian Human Rights Act, I order the Canadian Forces to take measures, in consultation with the Commission on the general purposes of the measures, to amend its policy such that as long as the Canadian Forces continues to fund in vitro fertilization (IVF) treatments for its female members, male members shall receive funding for the intra-cytoplasmic sperm injection (ICSI) portion of their infertility treatments.

Signed by

Athanasios D. Hadjis

OTTAWA, Ontario
February 13, 2008

PARTIES OF RECORD