In a just-released decision, the Federal Court of Appeal has
confirmed that the ground of discrimination due to family status
under the Canadian Human Rights Act includes parental
obligations which engage a parent's legal responsibility for a
child, such as childcare obligations. But fear not employers
- parental choices such as voluntary family activities will
not trigger similar claims of discrimination due to family
status.
Background:
On May 2, 2014, the Federal Court of Appeal released its
long-awaited decision in the case of Johnstone v. Canada Border
Services Agency ("CBSA"). Fionna Ann
Johnstone had been employed by the CBSA since 1998, and
her husband was employed by the CBSA as well. After having
children, Johnstone asked for accommodation to her work schedule at
Pearson International Airport. The CBSA had a complicated
work schedule for its full-time employees, which included rotating
through 6 different start times over the course of days,
