Systemic Discrimination
Systemic Discrimination Cases of discrimination may not be so evident on the surface. In any case alleging discriminatory conduct, it is clear that the employee may offer evidence which is…
Use of Statistical Evidence
The Ontario tribunal in a 1984 case noted that the use of such evidence may be an effective means of proving the case by such circumstantial evidence: ; Often…
Evidence at the Hearing
It has been well recognized that in hearings before administrative tribunals, the rules of evidence are not as strict as those of a civil court. In addition, most statutes specifically…
Reasonable Inference & Historically Disadvantaged
Inference from the Evidence A recent decision of the B.C. Human Rights Tribunal has once again considered the question of “reasonable inference” from the evidence before it to determine whether…
Direct vs Indirect Discrimination
Direct versus adverse indirect discrimination Direct discrimination refers to actions taken which on its face shows discriminatory conduct. For example, a company rule which states “Only white males may…
All members need not be adversely impacted
In applying the test of prima facie case, it has been determined that it is not required that all members of the protected group be treated in the same manner.…
Appeals from Human Rights Tribunals
Preliminary Refusal to Allow the Case to Proceed There are two issues to be considered with respect to any appeal or review of a human rights complaint. In most Canadian…
Rule in Brown v Dunn
The rule of Browne v Dunn requires the cross-examiner to put to the complainant’s witness an anticipated contradictory statement to allow the witness the opportunity to affirm, deny or otherwise…
Intent Needed for General Reprisal
General Reprisal However, in certain cases the intent of the wrongdoer remains relevant. Such is the case in a general reprisal claim. It is generally conceded that to prove general…
Influential is Enough
Influential is Enough In this context, the applicant must show that the human rights factor was influential and not the sole or primary reason. This concept has been well established.…