Test For Discrimination On The Basis Of Family Status

Introduction

Family status has long been enshrined in Canadian human rights legislation as a prohibited ground of discrimination. The test for determining if a person has been discriminated against based on his or her family status varies from province to province, with British Columbia arguably having the most stringent standard. The leading test in British Columbia for discrimination on the basis of family status comes from Health Sciences Association of B.C. v Campbell River and North Island Transition Society, 2004 BCCA 260 ("Campbell River"). The Campbell River test provides that a prima facie case of discrimination is established when a change in a term or condition of employment imposed by an employer results in a serious interference with a substantial parental or other family duty or obligation of the employee.