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 then, the legal landscape has evolved significantly, with both legislative and judicial advancements aimed at combatting pregnancy discrimination. However, recent data reveals a persistent problem, especially in the workforce, where over forty cases of pregnancy discrimination have been litigated in the past five years alone. Given that women hold half of all jobs in the country and many will experience pregnancy during their careers, addressing this issue is paramount for contemporary human rights. This article reviews the historical context of pregnancy discrimination in Canada, examines the current legislative framework and identifies qualitative trends in recent tribunal cases. In doing so, this article underscores ongoing challenges and highlights the urgent need for continued vigilance in safeguarding the rights of pregnant individuals in the Canadian workforce.

Resume

Kali Faingold is an associate at Thompson Dorfman Sweatman LLP in Winnipeg, Manitoba, with a focus on labour and employment law, immigration law and civil litigation. She graduated from the Robson Hall Faculty of Law in 2024, where she was honoured as the class Valedictorian. During law school, Kali was actively involved in the Manitoba Law School Association, serving as the first- and second-year class representative. She also held leadership roles as Vice President of the debate team and a coordinator of the Professional Development Committee. In her third year, she expanded her experience by completing a semester abroad in the United Kingdom, clerking at the Court of King’s Bench and competing in the Family Law Negotiation Competition.

Recommended Citation

Kali Faingold, “From Bliss to Brooks and Beyond: A Contemporary Analysis of Pregnancy Discrimination in Canada” (2026) 14:1 Can J Hum Rts 1, online: <https://cjhr.ca/download/3538/?tmstv=1780504461&v=3539>.