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In every province, there exists human rights legislation which protects individuals from discrimination. Each province's legislation outlines specific "protected" grounds.

Can an employee who is subject to a collective agreement, sue his or her employer in the civil courts, for wrongful acts committed during the course of the employee's employment? In the case of K.A. v. Ottawa (City,) the Ontario Court of Appeal held they could not, even if the claims alleged sexual assault and even if the employee who it was alleged committed the assault was a co-defendant in the claim

Last week we posted, "Changes to Labour Relations Code Proposed in New Report".

Recently, the Human Rights Tribunal of Ontario (the "HRTO") released a significant decision regarding an employer's discretion to terminate extended health, dental and life insurance benefits for employees ...

Non-Canadian workers are increasingly suing their employers in Canadian courts for human rights violations allegedly committed outside Canada by the companies themselves or by other entities in their supply chains.

In a number of recent decisions, provincial human rights tribunals have confirmed that complaints of discrimination related to mandatory masking by-laws or policies will not be entertained...

On June 1, 2004, certain amendments to Québec's Act Respecting Labour Standards ("LSA") came into effect, thereby providing a statutory recourse against psychological harassment in the workplace.

January 2015 saw the Supreme Court of Canada issue three significant rulings about section 2(d) of the Charter of Rights and Freedoms.

For many years, even since the removal of mandatory retirement in Ontario, it has been permissible to deny benefits, pension, superannuation or group insurance plans or funds to employees over 65 ...

The Human Rights Tribunal of Ontario recently confirmed its concurrent jurisdiction over the human rights complaints of unionized employees.

As 2017 comes to a close, please find below a summary of significant 2017 legislative amendments in each of the Atlantic Canadian provinces as well as federally, along with a review of legislative trends in Atlantic Canada.

The Alberta Human Rights Tribunal has awarded more than $1 million in damages in Volpi v. Lifemark Health Corp., underscoring the significant consequences employers may face where the duty to inquire into workplace disability, particularly mental health disabilities, is not met.

Canadian financial institutions will soon be mandated to assess the human rights consequences associated with their project finance loans.

The complainant started employment with West Fraser as a spare board employee in the beam and header department; this being the only department that had 11-hour daytime shifts only, Monday to Friday.

On November 28, 2019, British Columbia became the first jurisdiction in Canada to incorporate the United Nations Declaration on the Rights of Indigenous Peoples ("UNDRIP"), making UNDRIP part of BC law.

On December 3, 2020, the federal government tabled Bill C-15. Bill C-15 is the federal government's response to calls to implement the United Nations Declaration...

The Supreme Court of Canada is rightly praised worldwide for its jurisprudence respecting the protection of individual rights. Its constitutional work, particularly in the area of equality rights, has been described recently by the distinguished American legal scholar Owen Fiss as "profound and inspiring," providing "Americans with a standard by which to measure the work of our own Supreme Court."