On April 28, 2009, the Alberta government introduced changes to its human rights legislation. The changes came into force effective today. As set out in this Notice issued by the Alberta Human Rights Commission, the key changes are as follows:  read more »

The Air Canada Pilots Association (ACPA) issued a news release today announcing that they have applied to the Federal Court for judicial review of the Canadian Human Rights Tribunal (CHRT) decision in Vilven v. Air Canada, 2009 CHRT 24, which called into question the retirement age provision of the pilots' collective agreement with Air Canada.

On July 1, 2009, Nova Scotia amended its human rights legislation in order to prohibit mandatory retirement in most cases.  This means that every province and territory in Canada has now either prohibited mandatory retirement outright, or only allows it if it is based on bona fide retirement or pension plans, or a bona fide occupational requirement.

The same cannot be said for federally regulated employers in Canada.

Section 15(1)(c) of the Canadian Human Rights Act (the "Act") still permits employers in the federal sector to impose mandatory retirement policies on their employees if they have reached "the normal age of retirement for employees working in positions similar to the position of that individual".

Sections 15(1)(a) and 15(2) of the Act provide that mandatory retirement policies are not discriminatory if they are based on a bona fide occupational requirement.  read more »

Bertrend v. Golder Associates, 2009 BCHRT 274

The BC Human Rights Tribunal recently ruled in Falardeau v. Ferguson Moving et al 2009 BCHRT 272 that an employer did not discriminate against a single father employee on the basis of "family status" when it fired him for refusing to work overtime.

In doing so, the Tribunal cited the BC Court of Appeal's decision in Health Sciences Assn. of British Columbia v. Campbell River and North Island Transition Society, 2004 BCCA 260, where the Court discussed, but did not define, discrimination based on family status:  read more »

Langtry Industries Ltd. v. British Columbia (Human Rights Tribunal), 2009 BCSC 1091

International Brotherhood of Electrical Workers, Local 630 v. Power Stream Inc. [2009] O.L.A.A. No. 447 (QL)

I attended the BC CLE "Labour Law Conference 2009" today at UBC Robson Square. Topics covered included:

1. Issues Arising in an Economic Downturn
2. Prima Facie Discrimination—From Complaint to Completion
3. The New US Regime—How Does It Affect Us?
4. Labour Law Update

Plesner v. British Columbia Hydro and Power Authority, 2009 BCCA 188

Balogun v. Canada, 2009 FC 407