Human Rights Law – Page 15 – Schenk & Associates

Goodbye Patently Unreasonable?

One of the great challenges in administrative law has been determining how far the Court that you are in should go in reviewing a tribunal's decision. The spectrum of review ranges (used to) from correctness to reasonableness simpliciter to patentely…

BDSM: Discrimination on the basis of sexual orientation

by Johannes Schenk / On April 8, 2008 / In Human Rights Law

The Respondent in this matter alleges he was denied a chaffeur's driving permit on the basis of his pagan beliefs and "BDSM" lifestyle. On a human rights complaint, the human rights tribunal determined that as a jurisdictional matter, it was…

Sikh Hard Hat Accommodation

by Johannes Schenk / On April 23, 2007 / In Employment Law, Human Rights Law, Labour Law

A recent arbitration award deals with the matter of hard hat accommodation in safety sensitive positions on the basis of religious belief. The case, BCMEA , Neptune Bulk Terminals Ltd and PCT v. ILWU, Local 500, deals with Sikh longshoremen.…

Concurrent Jurisdiction: Arbitrator and Human Rights Tribunal

by Johannes Schenk / On April 10, 2007 / In Employment Law, Human Rights Law, Labour Law

The Alberta Court of Appeal has now ruled in Amalgamated Transit Union, Local 583 v. Calgary (City of), 2007 ABCA 121, that under the Albert legislative regime Labour Arbitrators and the human rights tribunal have a concurrent jurisdiction to review…

Pre-Employment Drug Testing

by Johannes Schenk / On April 8, 2007 / In Employment Law, Human Rights Law, Labour Law

Can you test a prospective employee for drug use as a condition of employment? Well, yes and no. Take a look at these two cases, Alberta (Human Rights and Citizenship Commission) v. Kellogg Brown & Root (Canada) Company, 2006 ABQB…

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