By: Jennifer Koshan
PDF Version: More Uncertainty on the Test for Discrimination under Human Rights Legislation
Case commented on: Bish v Elk Valley Coal Corporation, 2013 ABQB 756
I have written previous posts on ABlawg critiquing the influence of section 15 of the Charter in creating an overly onerous approach to the test for discrimination under human rights legislation in Alberta (see here and here). In late December, another human rights decision showing this influence was released in Bish v Elk Valley Coal Corporation. Unfortunately, Justice Peter Michalyshyn of the Alberta Court of Queen’s Bench gave short shrift to recent developments out of the Supreme Court of Canada on the appropriate test for discrimination. He also declined to follow the Supreme Court’s recent pronouncements on the appropriate standard of review in this context. The Bish case is now under appeal, and one has to hope that the Alberta Court of Appeal will provide some consistency with recent Supreme Court decisions in its appeal decision.