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ARTICLE · 25 OCTOBER 2016

Alberta Court Upholds Human Rights Decision Against Independent School

Borden Ladner Gervais LLP
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The Court of Queen's Bench of Alberta released its judgment upholding an Alberta Human Rights Commission decision related to students praying on an independent school's campus.

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On August 10, 2016 the Court of Queen's Bench of Alberta released its judgment upholding an Alberta Human Rights Commission ("AHRC") decision related to students praying on an independent school's campus. The Court upheld $26,000 in damages awarded to two high school students (the "Students") as a result of their private school, Webber Academy Foundation ("Webber Academy"), prohibiting them from conducting their prayers on campus. This case reinforces a school's obligation to provide reasonable accommodations for students' religious beliefs and practices.

AHRC Decision1

On February 13, 2012, two complaints were filed to the AHRC against Webber Academy, alleging discrimination against the Students contrary to ss. 4(a) and 4(b) of the Alberta Human Rights Act (the "Act"). The sections provide:

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