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Canadian Human Rights Act

Tribunal finds that no-free standing right to accommodation under the Canadian Human Rights Act

Jurisdiction: - Canada/Federal

In Moore v. Canada Post Corporation, 2007 CHRT 31, the complainant alleged that his employer discriminated against him by failing to accommodate his disability.

On this point, the Canadian Human Rights Tribunal stated:

...I cannot emphasize enough that "failure to accommodate" is neither a prohibited ground of discrimination nor a discriminatory practise under the CHRA. There is no free-standing right to accommodation under the CHRA.

The duty to accommodate only arises in the context of s. 15(2) of the CHRA and only when a respondent raises a bona fide justification by way of defense to an allegation of discrimination. For Mr. Moore to show a prima facie case, he must rely on something other that the failure of CPC to accommodate him (paras. 86-87)

Panel reviewing Canadian Human Rights Act releases report

Jurisdiction: - Canada/Federal

The Report of the Canadian Human Rights Act Review Panel was released in June 2000.

The four-person panel was chaired by Gerard La Forest, who retired from the Supreme Court of Canada in 1997. It  was established in April 1999 by federal Minister of Justice Anne McLellan with a mandate to:  read more »