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Vriend v Alberta
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Vriend v Alberta
Vriend v Alberta [1998] 1 S.C.R. 493 is a Supreme Court of Canada case that determined that a legislative omission can be the subject of a Charter violation. The case involved a dismissal of a teacher because of his sexual orientation and was an issue of great controversy during that period.
Delwin Vriend was dismissed from his position as a lab coordinator at the King's College, a private religious college in Edmonton, Alberta, because of his sexual orientation. He attempted to file a complaint with the Alberta Human Rights Commission claiming that his employer had discriminated against him on the grounds of his sexual orientation. However, he was prevented from making a complaint under the Alberta Individual Rights Protection Act because the legislation did not explicitly include sexual orientation as a prohibited ground of discrimination. Vriend sought a declaration from the Alberta Court of Queen's Bench that the omission breached section 15 of the Canadian Charter of Rights and Freedoms.
The Court of Queen's Bench (Justice Anne Russell) found, in favour of Vriend, that the exclusion of sexual orientation as a protected ground of discrimination from ss. 2(1), 3, 4, 7(1) and 8(1) of the Individual's Rights Protection Act (IRPA) violates s. 15(1) of the Charter and could not be saved under section 1. The trial judge ordered that the phrase "sexual orientation" be read into those sections and permitted the appellants to appeal and the respondents to cross-appeal to the Supreme Court.
There were two issues put before the Supreme Court:
The court decided yes to the first question and no to the second. They found that there is no legal basis for drawing a distinction of the Charter scrutinizing a positive act and an omission.
The court looked at the language of section 32 and found that it does not limit to only positive acts. It is not only to protect against encroachment on rights or the excessive exercise of authority, as McClung suggested, rather it is a tool for citizens to challenge the law in all its forms. The legislature's silence on an issue does not constitute neutrality with first assessing the application of section 15.
The court then looked at the application of the Charter to private activities.
The court followed this with a section 1 analysis to which they decided was not applicable. In concluding, the court ruled that to remedy the situation "sexual orientation" must be read into the impugned provision of the Act.
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Vriend v Alberta
Vriend v Alberta [1998] 1 S.C.R. 493 is a Supreme Court of Canada case that determined that a legislative omission can be the subject of a Charter violation. The case involved a dismissal of a teacher because of his sexual orientation and was an issue of great controversy during that period.
Delwin Vriend was dismissed from his position as a lab coordinator at the King's College, a private religious college in Edmonton, Alberta, because of his sexual orientation. He attempted to file a complaint with the Alberta Human Rights Commission claiming that his employer had discriminated against him on the grounds of his sexual orientation. However, he was prevented from making a complaint under the Alberta Individual Rights Protection Act because the legislation did not explicitly include sexual orientation as a prohibited ground of discrimination. Vriend sought a declaration from the Alberta Court of Queen's Bench that the omission breached section 15 of the Canadian Charter of Rights and Freedoms.
The Court of Queen's Bench (Justice Anne Russell) found, in favour of Vriend, that the exclusion of sexual orientation as a protected ground of discrimination from ss. 2(1), 3, 4, 7(1) and 8(1) of the Individual's Rights Protection Act (IRPA) violates s. 15(1) of the Charter and could not be saved under section 1. The trial judge ordered that the phrase "sexual orientation" be read into those sections and permitted the appellants to appeal and the respondents to cross-appeal to the Supreme Court.
There were two issues put before the Supreme Court:
The court decided yes to the first question and no to the second. They found that there is no legal basis for drawing a distinction of the Charter scrutinizing a positive act and an omission.
The court looked at the language of section 32 and found that it does not limit to only positive acts. It is not only to protect against encroachment on rights or the excessive exercise of authority, as McClung suggested, rather it is a tool for citizens to challenge the law in all its forms. The legislature's silence on an issue does not constitute neutrality with first assessing the application of section 15.
The court then looked at the application of the Charter to private activities.
The court followed this with a section 1 analysis to which they decided was not applicable. In concluding, the court ruled that to remedy the situation "sexual orientation" must be read into the impugned provision of the Act.
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