This new annual text provides instant access to the practice, procedure, and jurisprudence arising out of the Canadian Human Right Act
This is a useful reference for human rights, labour and employment law practitioners, as well as human resource professionals. Includes:
- The full text of the Canadian Human Rights Act, as amended
- Each section of the Act is annotated with commentary, digests of court and tribunal decisions and cross-references to related provisions
- Appendices include: – Regulations under the CHRA – Select forms and guidelines from the Canadian Human Rights Commission – Select rules of procedure and practice notes from the Canadian Human Rights Tribunal – The full text of the Employment Equity Act and guide to the Employment Equity Review Tribunal
1. Amendments to the CHRA in 2017 saw the inclusion of gender identity, gender expression and genetic characteristics as enumerated grounds of discrimination.
2. This edition contains the Commission’s guide: “Impaired at Work – A Guide to Accommodating Substance Dependence”
3. Mills v. Bell Mobility Inc., 2017 CHRT 1 (CanLII) – Bell Mobility discriminated against the Complainant, a bedridden cancer patient with a lowered immune system, when it refused to provide her with same-day activation service for a new cellular phone unless she appeared in person to be visually identified at one of Bell’s retail stores to purchase the phone. While the Tribunal accepted that the rule (attending in person at a store for same-day activation) was adopted in good faith in the belief that it was necessary to prevent identity fraud and it was rationally connected to the function of preventing that fraud, the Tribunal found that accommodating the needs of individuals like the Complainant would not impose an undue hardship on Bell.
4. Zulkoskey v. Canada (Employment and Social Development), 2016 FCA 268 (CanLII) - “Vexatious” in paragraph 41(1)(d) of the CHRA is intended to be interpreted flexibly to prevent multiplicity of proceedings and waste of resources on re-litigation. “Frivolous” in this paragraph means having no prospect of success.
5. Temple v. Horizon International Distributors, 2016 CHRT 20 (CanLII) - Typically, hearings are held in the place where the alleged discrimination occurred or in the place most closely linked to the alleged discriminatory conduct. However, this is not a hard and fast rule and the Tribunal strives to accommodate parties where appropriate. Ultimately the venue for the hearing must “meet the standards of the Act that require a fair, informal expeditious and open hearing process, where each party is given a full and ample opportunity to appear, present evidence and make representations”. Because the alleged discrimination did not occur directly in any of the proposed locations, the Tribunal ordered a dual-venue hearing to best accommodate each parties’ needs.