Religious Discrimination

In a unanimous ruling the Supreme Court of Canada upholds the decision of a Board of Inquiry which ruled that the Board of School Trustees, District No. 15 discriminated with respect to a public service because it failed to take appropriate action against a teacher, Malcolm Ross, who made repeated public attacks on Jewish people.

David Attis, a Jewish parent, complained in 1988 that Malcolm Ross, a teacher in School District No. 15, publicly made racist and discriminatory comments about Jewish people during his off-duty time, and that this created a "poisoned environment" in the school district, negatively affecting the Jewish children and other minority students. Mr. Ross’s writings and statements communicating his anti-Semitic views included books, letters and interviews with local media. The Board of Inquiry found that, despite mounting complaints about Mr. Ross’s activities between 1978 and 1987, the School Board reprimanded Mr. Ross ineffectively, and, by its almost...

In a unanimous decision, the Supreme Court of Canada restores the decision of the B.C. Council of Human Rights, which found that Larry Renaud was discriminated against by both his employer and his union because of his religious beliefs.

Mr. Renaud, a school custodian, is a Seventh Day Adventist. His religious beliefs prevented him from working from sundown Friday to sundown Saturday. The work schedule, which required him to work a Friday shift from 3 p.m. to 11 p.m. was set out in the collective agreement between the Okanagan School Board and C.U.P.E., Local 523. Accommodating Mr. Renaud's religious beliefs would have required allowing him to work hours different than those specified. The respondent school board and union could not agree on a means of accommodating Mr. Renaud and as a result he was dismissed from his job. The B.C. Council of Human Rights found that though it was a bona fide requirement that a custodian be present in the schools, it was not a...

The Supreme Court of Canada rules that Central Alberta Dairy Pool discriminated against Jim Christie by failing to accommodate his need to be absent from work on April 4, 1983 (Easter Monday) in order to respect his faith in the tenets of the World Wide Church of God.

Mr. Christie was an employee of the Dairy Pool who became a prospective member of the World Wide Church of God in 1983. The Church recognizes a Saturday sabbath and ten other holy days throughout the year. Members of the Church are expected not to work on these days. Mr. Christie asked his employer for permission to take unpaid leave on Tuesday, March 29 and on Monday, April 4, 1983, because both of these days were holy days in his Church. He was granted leave for the Tuesday but denied leave for the Monday because Mondays were especially busy days at the Dairy Pool. Milk that arrives at the Dairy Pool on weekends must be processed promptly on Mondays to prevent spoilage. When Jim Christie was absent on...