Supreme Court of Canada Refuses to Hear an Appeal on Campbell River Family Status Test

A earlier Slaw article (which you’ll learn right here) mentioned the current British Columbia Court of Appeal determination that confirmed that the stringent check set out in Well being Sciences Assoc of BC v Campbell River and North Island Transition Society (Campbell River) to decide if there was an obligation to accommodate primarily based on household standing and if there’s a prima facie case of discrimination primarily based on household standing, continues to be the relevant check in British Columbia.

Since this determination, the worker was searching for go away to enchantment to the Supreme Court of Canada to handle the inconsistency within the check for household standing discrimination throughout the nation.

On August 8, 2019, the Supreme Court of Canada dismissed the go away to enchantment the British Columbia Court of Appeal determination, suggesting that the case legislation throughout the nation is properly settled and that though there could also be completely different approaches taken in several jurisdictions, every relevant check is adequate in making certain that discrimination on the premise of household standing has been appropriately established. As such, the relevant check in British Columbia will proceed to be the Campbell River check.

In Campbell River, it was established {that a} prima facie case of discrimination is made out when a change in a time period or situation of employment imposed by an employer leads to a severe interference with a considerable parental or different household obligation or obligation of the worker.

The case mentioned on Slaw additionally supplied perception as to what could also be required with respect to establishing “severe interference.”

Employers in British Columbia ought to guarantee all household standing lodging, practices and insurance policies meet the Campbell River check.

Supreme Court of Canada Refuses to Hear an Appeal on Campbell River Family Status Test

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