Browsing Category

Quebec Human Rights Tribunal

Employment & Labour Law Quebec Quebec Human Rights Tribunal Rulings

Quebec Human Rights Tribunal awards damages to employee fired because of her health condition

A retirement home has been ordered by the Quebec Human Rights Tribunal to pay more than $11,000 in material, moral and punitive damages to an employee who was fired because of her health condition.

The “important” decision reaffirms the wide reach of article 18.1 of the Quebec Charter of human rights and freedoms, which circumscribes information-gathering at the pre-hiring stage, highlights the importance for employers to have thorough pre-employment medical questionnaires that do not breach the Charter, and underscores the need for employers to take immediate action when employees demonstrate bad faith, according to employment and human rights lawyers.…

Continue Reading

Quebec Quebec Charter of Human Rights and Freedoms Quebec Court of Appeal Quebec Human Rights Tribunal Rulings

Quebec Court of Appeal overturns discrimination case

In a ruling that took human rights lawyers by surprise the Quebec Court of Appeal overturned a discrimination case against aeronautics multinational Bombardier Inc. after holding that there was no evidence that a Canadian pilot of Pakistani origin was a victim of ethnic discrimination.

The Quebec Human Rights Tribunal, in a precedent-setting ruling that held that Quebec human rights laws prevail over American anti-terrorism efforts in Canada, ordered the Montreal-based firm three years ago to pay Javed Latif $319,000 in damages after it found that the pilot’s human rights were violated when Bombardier barred him from flight training at a Montreal facility because U.S. authorities had designated him a security threat. The Tribunal also ordered Bombardier to cease respecting U.S. national security decisions when pilots are seeking flight training under Canadian licences.

But in a unanimous 40-page facts-specific decision that reviewed the evidence of the case, the Quebec Court of Appeal took issue with the fact that the Tribunal based its decision almost entirely on an expert report.…

Continue Reading

Quebec Quebec Charter of Human Rights and Freedoms Quebec Court of Appeal Quebec Human Rights Tribunal Rulings

Blind man wins discrimination case

A now-defunct Montreal nightclub was ordered to pay $2,500 in moral damages to a blind man for refusing to grant him and his guide dog access to the dance floor, following a ruling by the Quebec Court of Appeal that raises the bar for business to accommodate disabled people.

In a majority decision that demonstrates yet again the appeal court’s penchant to overturn rulings by the Quebec Human Rights Tribunal, the appellate court held that Simon Beauregard was a victim of discrimination because the nightclub did not take reasonable efforts to accommodate him.

“The principles that emerges from this ruling is that it will take extremely serious reasons to refuse to accommodate someone so in one sense one can rejoice but what preoccupies me is that the Quebec Human Rights Tribunal does not appear to benefit from a minimal amount of deference by the appeal court,” remarked law professor Christian Brunelle.…

Continue Reading

Charter of Rights and Freedoms Quebec Quebec Human Rights Tribunal Rulings

Trucking company ordered to pay $10,000 for discrimination

A Montreal-area trucking company has paid the price for having a well-entrenched policy of refusing to hire female truck drivers. The Quebec Human Rights Tribunal ordered Bernard Wolinsky, owner of Laurentian Shavings Products Inc. and Lanjay Peat Moss Inc., to pay $10,000 to a female truck driver for discrimination.

The Tribunal, which found that Wolinsky refused to consider the complainant’s application because she was a woman, held that her right to be treated with equality and dignity had been breached. She was awarded $7,000 in moral damages, and $3,000 in punitive damages.…

Continue Reading

Accounting Court of Quebec Quebec Quebec Charter of Human Rights and Freedoms Quebec Human Rights Tribunal

News roundup: On crucifixes, missing judges and spying

The City of Saguenay and Mayor Jean Tremblay has been ordered to pay $30,000 in moral and punitive damages by a Quebec Human Rights Tribunal to a citizen for discriminating against his freedom of religion and conscience. The City and the mayor were also ordered to remove a crucifix and a Sacred Heart statue from city council meetings as well as to stop reciting a prayer before each city council meeting.

“By reciting a prayer and displaying religious symbols in a hall where all citizens are invited to participate in the life of a democratic municipality, the Mayor and the City of Saguenay did not respect its obligation to remain neutral,” said the Tribunal.

In spite of the ruling, it appears that Quebec’s National Assembly will not follow suit. A crucifix placed over the Speaker’s chair will stay put.…

Continue Reading