A Mixed Bag: Tests For Family Status Discrimination Still Vary Across Canada

Legal tests for family status discrimination vary throughout Canada. In 2019, the British Columbia Court of Appeal upheld the applicability of the "Campbell River" test, which is often criticized as being more stringent than tests that are used in other jurisdictions. In federally regulated workplaces,  Federal Courts apply the Johnstone  test set out in Johnstone v. Canada (Border Services Agency),  2014 FCA 110, which is also referred to as involving a more stringent test than other protected grounds. In Ontario, Courts have applied both the Johnstone  test, as well as the test set out by Ontario's Human Rights Tribunal in Misetich v. Value Village Stores Inc., 2016 HRTO 1229. In Alberta, Courts have applied a test set out in SMS Equipment Inc. v. CEP, Local 707, 2015 ABQB 162.