Selected Canadian Jurisprudence

Case regarding a condominium restricting the building of succah huts on balconies by Jewish owners. At issue was the appropriate test to be applied when determining the “sincerity of belief”, and whether expert evidence was necessary to establish this belief. The Supreme Court of Canada held that a claimant need not show some sort of objective religious obligation, requirement or precept to invoke freedom of religion (ie. expert evidence was not required to invoke freedom of religion). (WSO participated as Intervenors)

Tribunal decision allowing airlines to place restrictions on the kirpan onboard airplanes. The Tribunal held that a kirpan which had a “greater potential for injury than the eating utensils used on board the aircraft” could be prohibited.

A challenge by ex-RCMP officers to the RCMP’s accommodation of the turban in the RCMP uniform. The Trial Judge upheld the right of the RCMP to accommodate the turban. (WSO participated as Intervenors)

Supreme Court of Canada Decision regarding the requirement for CN employees to wear hard hats. Mr. Bhinder refused to wear a hard hat over his turban. The Court ruled that this was a bona fide occupational requirement. There was a strong dissent by Chief Justice Dickson and the future Chief Justice Lamer.

The Supreme Court recognized that the majority decision was incorrect and overturned its approach in Central Alberta Dairy Pool v. Alberta (Human Rights Commission), [1990] 2 S.C.R. 489.

The current approach to accommodation at the workplace was established in the Meiorin case British Columbia (Public Service Employee Relations Commission) v. British Columbia Government Service Employees' Union [1999] 3 S.C.R. 3, 1999 SCC 48 where the distinction between tests for direct and indirect discrimination was eliminated.