My view on this aspect of the case is supported by a majority of the court in Brennan v. The Queen, [1984] 2 F.C. 799, 85 C.L.L.C. ¶17,006, 57 N.R. 116 sub nom. Brennan v. Canada. Thurlow C.J., for himself and Pratte J., on this point, saw nothing in the Canadian Human Rights Act by which a person could be held liable for unauthorized discrimination by someone else. For my own part, I prefer to say that there is no discrimination in respect of employment where that which is alleged to be discriminatory was not authorized by the employer.
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