Category Charter

From Bliss to Brooks and Beyond: A Contemporary Analysis of Pregnancy Discrimination in Canada

Author: Kali Faingold Abstract The 1989 Brooks v Canada Safeway Ltd ruling by the Supreme Court of Canada marked a watershed moment in Canadian jurisprudence, firmly establishing pregnancy discrimination as a form of sex discrimination under human rights legislation. Since… Continue Reading →

Serious Enough? Troubling Civil Courts’ Assessments of the Seriousness of Sexual Harassment in Wrongful Dismissal Cases

Authors: Bethany Hastie and Sofia Cornejo Abstract This article examines how courts interpret sexual harassment in the employment law arena through a case analysis of court decisions from Alberta and British Columbia in wrongful dismissal cases involving the alleged perpetrator…. Continue Reading →

Caught Between Deference and Indifference: The Right to Housing in Canada

Author: Sarah E Hamill Abstract: This article explores two recent cases where the right to housing was mentioned and sets out their links with property. Discussions of the right to housing usually focus strictly on public law. The focus on… Continue Reading →

Colour as a Discrete Ground of Discrimination

Authors: Joshua Sealy-Harrington & Jonnette Watson Hamilton Abstract Colour, as a ground of discrimination, is usually equated with or subsumed under the ground of race. We argue that colour does and should have a discrete role in human rights and… Continue Reading →

Inaccessible Inclusion: Privacy, Disclosure and Accommodation of Mental Illness in the Workplace

Author: Nicholas Caivano Abstract Many employees living with mental health disabilities recognize the risk of being stigmatized by co-workers and supervisors and are reluctant to disclose their diagnoses. Employees who disclose their mental health conditions may face restricted opportunities, micro-management,… Continue Reading →

Universities and Freedom of Expression: When Should the Charter Apply?

Author: Linda McKay-Panos Abstract There is confusion about whether “public” activities at universities should invoke application of the Canadian Charter of Rights and Freedoms (Charter). Two recent lines of authority have reached different conclusions. The 2016 decision of the British… Continue Reading →

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