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ARTICLE · 20 FEBRUARY 2018

Noteworthy Employment/Human Rights Cases (BC 2017)

Integritas Workplace Law Corporation
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In this decision, the SCC expanded the scope of the "workplace" in relation to human rights.

CanadaEmployment and HR

BCHRT v. Schrenk, 2017 SCC 62

In this decision, the SCC expanded the scope of the "workplace" in relation to human rights.
This case involved M, a Muslim Iranian descent who worked for Omega and Associates Engineering Ltd., and S, a site supervisor who worked for Clemas Contracting Ltd., the prime contractor on a road improvement project. While on site, S frequently taunted M based on his religion and place of origin as well as his sexual orientation. M complained to Clemas and S was eventually removed from the worksite and terminated. M then filed a complaint with the BC Human Rights Tribunal against S and Clemas (the "Respondents") alleging discrimination. The Respondents argued that the Tribunal did not have jurisdiction to hear the matter as there was no employment relationship between M and the Respondents. The Tribunal proceeded on the basis that any discrimination suffered "regarding employment" could attract the protection of the BC Human Rights Code. The

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