The complainant, while on maternity leave, was denied social assistance benefits under the APPORT program because her employment insurance benefits were not considered income from employment.
She filed a human rights complaint alleging discrimination based on sex and pregnancy.
The Supreme Court of Canada held that the Human Rights Tribunal lacked jurisdiction to hear the dispute.
The essential character of the dispute concerned eligibility for benefits under the Income Security Act, over which the Commission des affaires sociales has exclusive jurisdiction, including the authority to apply the Quebec Charter of Human Rights and Freedoms.
