May / June 2015 Human Rights Digest
April 2015 Human Rights Digest
Volume 79 e-Volume in CHRR Online
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The Option of Stitching Statistics into the Fabric of a Prima Facie Case
Few who have followed the long and winding doctrinal road(s) of making-out a prima facie case of adverse effects discrimination, or of a breach of s. 15 of the Charter in like cases, would argue that statistics are a straightforward element. Civil litigators know that statistics in the air hold little promise of convincing a court. This is evidently so in building a prima facie case. In 2001, Colleen Sheppard, in “Of Forest Fires and Systemic Discrimination: A Review of British Columbia (Public Service Employee Relations Commission) v. B.C.G.S.E.U.” argued that lawyers and adjudicators needed a sophisticated and coherent theory of adverse effects discrimination ((2001) 46 McGill L.J. 533). She bemoaned the Supreme...
$161,737 for Lost Wages Awarded to Person with a Developmental Disability
DISABILITY — EQUAL PAY / Decision on an application alleging discrimination in employment on the basis of disability. The applicant, who is a person with a developmental delay, alleged that while she performed substantially the same duties as general labourers who did not have developmental disabilities, she was paid significantly less. The Tribunal found that the pay differential was a...
What Was Said
Human Rights Tribunal of Ontario, Mark Hart
"Given the nature of the temporary foreign worker program, the fact that work permits are tied to a specific employer, and that trying to find a different employer while in Canada poses immense difficulties for a migrant worker, including the need for any new employer to qualify for the program by obtaining a labour market opinion and the reality that in the interim migrant workers would lose access to the accommodation provided by their existing employer, the reality is that renewing her...
Human Rights Digest 16-4, May / June 2015