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ARTICLE · 15 JUNE 2023

Requirement To Show Citizenship Or Permanent Residency Held To Be Discriminatory

A Canadian appeals court has held that human rights law requires all those with legal permission to work to be treated equally at the point of hiring, and that imposing an additional requirement of citizenship...

CanadaEmployment and HR
Herbert Law (Dinsdale & Clark LLP)
Herbert Law (Dinsdale & Clark LLP)
A Canadian appeals court has held that human rights law requires all those with legal permission to work to be treated equally at the point of hiring, and that imposing an additional requirement of citizenship or permanent residency will amount to unlawful discrimination.

In a recent decision, the Ontario Court of Appeal unanimously held that human rights law prevents employers from requiring employees to hold Canadian citizenship or permanent residence rather than another kind of work permission.

Mr Haseeb was an international student who applied to Imperial Oil for an entry-level project engineer position. Imperial offered Mr Haseeb the position on condition that he provide proof of Canadian citizenship or permanent residency. Mr Haseeb was not a permanent resident, but was going to be eligible to work full-time anywhere in Canada for up to three years with a Post-Graduate Work Permit ('PGWP'). After Mr Haseeb revealed to Imperial that he was not a permanent

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