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Family Status

Discrimination based on "family status" not found in case where employee was fired for refusing to work overtime

Jurisdiction: - British Columbia

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 »

Nova Scotia arbitrator finds that "ordinary" family obligations do not require accommodation

Jurisdiction: - Nova Scotia
Sector: - Unions

In Canadian Staff Union v. Canadian Union of Public Employees [2006] N.S.L.A.A. No. 15 (QL), a Nova Scotia arbitrator found that "ordinary" family obligations do not require accommodation. You can read a summary of the decision by Michael Conradi, a lawyer at Miller Thomson LLP in Toronto, here.

Ontario Human Rights Commission issues "Policy and guidelines on discrimination because of family status"

Jurisdiction: - Ontario

The Ontario Human Rights Commission has recently issued "Policy and guidelines on discrimination because of family status". The Policy contains the Commission’s interpretation of provisions of the Ontario Human Rights Code relating to family status. 

Supreme Court of Canada confirms marital/family status in Ontario Code should be given broad/liberal interpretation

Jurisdiction: - Ontario

In B. v. Ontario (Human Rights Commission), 2002 SCC 66, the Supreme Court of Canada confirmed that "marital status" and "family status" in the Ontario Human Rights Code should be given a broad and liberal interpretation in the employment context.

Law firm Oglivy Renault has reviewed the decision in this article: "All in the Family: Supreme Court of Canada Decision on 'Family Status' and Employment" (December 1, 2002).