Posts Tagged ‘British Columbia Human Rights Code’

Striking a Balance: The Case of the Guide Dog and the Taxicab

October 3rd, 2018 by Brynn Leger

What do you do when human rights of one person compete with another’s? Employers, housing providers, and other public service providers have a duty to accommodate those with disabilities under the Ontario Human Rights Code (the Code). Sometimes, however, these obligations lead to conflict between multiple people in need of accommodation. An example of this that has been felt by housing providers and employers is the tension between persons with service animals and other persons with allergies. Some people in need of accommodation rely on service animals to assist them. But people suffering from allergies to dogs can’t be expected to live and work in an environment that does not accommodate their needs. How does an employer or a housing provider address these competing obligations to accommodate these persons in a fair manner that complies with the Code? Read the rest of this entry

The Supreme Court of Canada extends protections from employment discrimination by non‑employers

February 6th, 2018 by Elliot Fonarev

The Supreme Court of Canada has recently released a decision regarding workplace discrimination that has important implications for employers and employees alike. In British Columbia Human Rights Tribunal v. Schrenk, the 6‑3 majority of the court ruled that a co‑worker can be held liable under BC’s Human Rights Code for workplace discrimination against another co‑worker. While this case was about the jurisdiction of the BC Human Rights Tribunal and interpretation of BC’s Human Rights Code, it sends a message to other provincial tribunals about how to approach discrimination in the employment context differently – and leaves many questions for employers. Read the rest of this entry

Competing human rights: Trinity Western law school controversy pits faith against equality

March 26th, 2014 by Shelina Ali

The Federation of Law Societies of Canada (FLSC) released its report on Trinity Western University’s (TWU) proposed law school program in December 2013. The FLSC gave TWU’s law school preliminary approval despite serious concerns expressed by different sectors of the legal profession, including the Council of Canadian Law Deans, that the school’s Community Covenant Agreement, which requires TWU students and staff to agree not to engage in same‑sex sexual intimacy, discriminates against LGBTQ students.

FLSC’s approval has, unsurprisingly, led to strong and divergent opinions on the appropriate balancing of rights.

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