Desson v. Canada (Attorney General)

Decided: 2026-09-16. Docket: T-291-23. Citation: 2026 FC 1169 (CanLII). Administrative law — Judicial review — Reasonableness — Meiorin, reasonable necessity — Whether analysis of step three failed to assess accommodation in operational roles — Duty to accommodate integral to undue hardship and validity of standard — Tribunal treated accommodation as stand-alone and relied on ad hoc flexibility — Application for judicial review allowed, matter remitted | Administrative law — Judicial review — Internal rationality — Circular reasoning — Whether 5-Year Policy was justified by unexamined one percent risk threshold — Grismer, risk not independent justification for discrimination — Failure to interrogate rationale for risk tolerance undermined reasonable necessity analysis — Decision unreasonab