DISABILITY — DAMAGES / Decision on an application alleging discrimination in employment on the basis of disability (developmental disability). The Tribunal awarded $15,000 for injury to dignity and self-respect, $2,678.50 for lost income and ordered the respondent's owners, managers, and supervisors to complete the Human Rights Commission's online training module on human rights. Allowed:...
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Human Rights Cases in the Supreme Court of Canada in 2011
In 2011, the Supreme Court of Canada decided three human rights cases — Mowat, Figliola and P.S.A.C. These decisions elicit mixed reactions.
The Supreme Court of Canada ruled in Canada (Human Rights Comm.) and Mowat v. Canada (Attorney General), CHRR Doc. 11-3098, that the Canadian Human Rights Tribunal does not have the authority to award legal costs to a victorious complainant under the rubric of "expenses incurred". This was expected. The Canadian Human Rights Act does not envision that a remedy will include an award of legal costs because, until 2003, the Canadian Human Rights Commission represented complainants at hearings, and complainants did not incur private legal costs.
Things have changed, however. The Mowat decision reveals a crisis in the federal human rights system. The...
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Discrimination Against Disabled Employee
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What Was Said
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"In order to access benefits under the [Workplace Safety and Insurance Act], an injured worker must make a claim. A claim for benefits in turn requires individuals employed by the WSIB to make a decision. In this case, it was Mr. Spencer's role to decide what LMR plan the applicant should be granted under the WSIA. In this role, he was not acting akin to an independent adjudicator or a member of administrative tribunal, but as part of the bureaucratic framework...
Human Rights Digest 12-8, November / December 2011
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