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Human Rights Tribunal lacks jurisdiction over benefits dispute falling within exclusive jurisdiction of social affairs commission.
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.
A 'handicap' under the Quebec Charter includes physical anomalies without functional limitations and perceived handicaps.
The appellants refused to hire or dismissed the complainants because of physical anomalies (spinal anomalies and Crohn's disease) that did not result in functional limitations.
The complainants alleged discrimination based on handicap under s. 10 of the Quebec Charter of Human Rights and Freedoms.
The Supreme Court of Canada held that the definition of 'handicap' includes physical anomalies that do not result in functional limitations, as well as perceived handicaps.
The Court emphasized a multidimensional approach that considers the socio-political dimension of handicap, focusing on human dignity and the right to equality.
The appeals were dismissed.
