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- Prior to Fraser, only two adverse effects discrimination claims have been successful at the Supreme Court of Canada – Eldridge v British Columbia (Attorney General), 1997 CanLII 327 (SCC), 3 SCR 624 and Vriend v Alberta, 1998 CanLII 816 (SCC), 1 SCR 493.
ablawg.ca/2020/11/09/tugging-at-the-strands-adverse-effects-discrimination-and-the-supreme-court-decision-in-fraser/Tugging at the Strands: Adverse Effects Discrimination and ...
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Nov 9, 2020 · Prior to Fraser, only two adverse effects discrimination claims have been successful at the Supreme Court of Canada – Eldridge v British Columbia (Attorney General), 1997 CanLII 327 (SCC), [1997] 3 SCR 624 and Vriend v Alberta, 1998 CanLII 816 (SCC), [1998] 1 SCR 493.
- Jennifer Koshan
Adverse effect discrimination claims have long been recognized in human rights code cases, and the Fraser decision finally brings this uncontroversial understanding of equality into s. 15 jurisprudence with a paradigmatic adverse impact fact-scenario.
Nov 24, 2020 · The Supreme Court of Canada found that the RCMP’s policy amounted to unlawful adverse effect discrimination. Adverse effect discrimination exists when a discriminatory law or policy, which appears neutral on its face, has a disproportionate effect on members of a certain group.
Increased awareness of adverse impact discrimination has been a “central trend in the development of discrimination law”, marking a shift away from a fault‑based conception of discrimination towards an effects‑based model which critically examines systems, structures, and their impact on disadvantaged groups (Denise G. Réaume, “Harm ...
- Background
- The Court’S Analysis
- Takeaways For Employers
The matter arose when three retired female RCMP members-including Ms. Fraser, after whom the case is named-claimed that the pension consequences of job-sharing as described above had a discriminatory impact on women. As officers returning to full-time service after taking maternity leaves, they felt overwhelmed by their work and care obligations. T...
The Supreme Court began its analysis by setting out the language of section 15 of the Canadian Charter of Rights and Freedoms which provides for the right to the equal protection and equal benefit of the law without discrimination and in particular, discrimination on the basis of an enumerated ground such as sex, or based on an analogous ground. Th...
Adverse effect discrimination can occur in a wide range of contexts, given the wide array of spheres in which laws and state actions apply and occur. That this case arose in the employment context involving a high-profile federal employer shows that no employer is immune from the insidious effects of this type of discrimination and they must do all...
Mar 30, 2021 · On October 16, 2020, the Supreme Court of Canada rendered judgement in Fraser v Canada, 2020 SCC 28 (CanLII) (Fraser), a long-anticipated decision about adverse effects sex discrimination under s. 15 of the Canadian Charter of Rights and Freedoms.
Mar 23, 2021 · Fraser v Canada is one step closer towards dissolving the gender gap experienced by many individuals professionally. Christina Di Lella discusses this signifigant decision, and how claimants are now better equipped to address indirect discrimination when seeking judicial review in court.
