Family Status

English:  In a unanimous decision, the Supreme Court of Canada rules that the Town of Brossard discriminated against Line Laurin because of her civil status when it refused to hire her as a lifeguard because her mother was already employed by the municipality. The Court overturns the Court of Appeal ruling that the Town's anti-nepotism policy did not offend the Quebec Charter of Rights and Freedoms.

The Supreme Court addresses three questions in its decision: (1) does the Town's hiring policy constitute discrimination because of civil status? (2) is the refusal to hire members of the families of town councillors and existing staff based on a bona fide qualification for employment? and (3) is the anti-nepotism policy exempted from the application of the Charter because the Town of Brossard is a non-profit institution of a political nature as specified in s. 20?

The Town of Brossard's policy was to refuse to hire members...

In a split 4-3 decision, the majority of the Supreme Court of Canada finds that the ground "family status" in the Canadian Human Rights Act does not give Brian Mossop, a gay employee, the right to be covered by a benefit provision in his collective agreement.

Mr. Mossop is an employee of the federal government who took a day off work to attend the funeral of his lover's father. His lover is a man. The collective agreement between Treasury Board and the Canadian Union of Professional and Technical Employees provided for up to four days' bereavement leave upon the death of a member of an employee's "immediate family". This term was defined to cover a broad range of relationships, including a common-law spouse. However, the definition of common-law spouse was restricted to a person of the opposite sex.

Mossop applied for and was refused bereavement leave. He filed a complaint under the Canadian Human Rights Act alleging discrimination based on the...