Human Rights Archives - Page 8 of 10

A Schrenk explainer: The case before the Supreme Court of Canada and why it matters

March 29, 2017, | By Janice Rubin

This past Tuesday, on March 28, 2017, the Supreme Court of Canada (the “Court”) heard arguments in British Columbia Human Rights Tribunal v. Edward Schrenk.[i] The case raises very important issues as to who is entitled to protections against harassment and discrimination in the workplace and in what workplace settings and employment-related relationships. The Court

Can a non-denominational school prohibit prayer that is too overt?

November 4, 2016 | By Cory Boyd

In past blogs, I’ve talked about the duty to accommodate in the context of creed, and specifically about the scope of the ground of creed and how employers could determine whether or not a religious belief was sincerely held. A recent decision of the Court of Queen’s Bench of Alberta has provided some additional guidance

Human rights: 25 Years in review

October 20, 2016 | By Janice Rubin

Some months ago, I was asked to speak at the Human Resources Professional Association’s HR Law Conference to be held in Toronto on October 20, 2016. My task was to identify the notable developments in workplace human rights over the last 25 years. This was no mean feat. There were so many cases to consider.

Is being bathed by a woman a legitimate creed-based requirement? Ontario Human Rights Tribunal requires evidence from Rastafarian

June 15, 2016 | By Cory Boyd

Last year I blogged about a decision of the Human Rights Tribunal of Ontario that considered the definition and scope of the ground of creed. While the decision laid out a clear analytical framework, the facts of the case were unique and of such specificity that it might have been difficult to see how the

Beyond the bathroom: Creating transgender-inclusive workplaces

April 27, 2016 | By Cory Boyd

Recently, it seems like all anyone wants to talk about when it comes to transgender inclusivity is bathrooms. Questions about bathrooms dominate recent dialogues and workshops of which I’ve been a part. The US media can’t stop talking about their politicians talking about bathrooms. Large companies like Target are taking positions, leading to praise from

Miscarriage as a “disability” is a good reminder for employers

April 5, 2016 | By Christine Thomlinson

It’s not entirely surprising that the Ontario Human Rights Tribunal (the OHRT) rendered a decision recently, holding that a miscarriage constitutes a “disability” for human rights purposes. What is perhaps less clear is what this will mean for employers. Winnie Mou brought a human rights application against her former employer, MHPM Project Leaders, alleging discrimination

A delicate balance – Resolving competing rights claims in the workplace

January 7, 2016 | By Cory Boyd

When discussing workplace complaints and conflicts with clients or while delivering training, I regularly hear that the most challenging situations to address are those which seem to involve competing individual rights. Employers are unsure how to proceed when both parties seem to be making a valid argument under the organization’s policies or the Ontario Human

Balancing finality and justice in the application of s.45.1

September 11, 2015 | By Cory Boyd

Section 45.1 of the Ontario Human Rights Code (the “Code”) permits the Human Rights Tribunal of Ontario (“HRTO”) to dismiss all or part of an application where “another proceeding has appropriately dealt with the substance of the application.” In Ontario (Community Safety and Correctional Services) v De Lottinville, 2015 ONSC 3085, the Ontario Divisional Court considered the

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