"Canadian Experience Required": Prohibited Discrimination Or Being Discriminating About Standards?

With research assistance from Ke-Jia Chong, summer law student

It is the classic Catch-22 situation: you need Canadian experience to get a job in Canada, and you need a job in Canada to get Canadian experience. Whether job-hunting or applying for professional accreditation in Ontario, the "Canadian experience" conundrum gives rise to a seeming paradox.

Employers and regulators have argued that discriminating against those without Canadian experience is not prohibited, and that such experience can be gained through supplementary training. Rather, the requirement is a means of being discriminating in selecting candidates with the best qualifications for the Canadian market, with high standards of competence and performance.