The appellant, an Evangelical Christian organization operating community living residences, appealed a Human Rights Tribunal decision finding it discriminated against a support worker on the basis of sexual orientation.
The Tribunal had held the organization could not rely on the religious exemption in s. 24(1)(a) of the Human Rights Code because it served the broader public rather than primarily serving its own religious group.
The Divisional Court found the Tribunal erred in its interpretation of s. 24(1)(a) by failing to consider the organization's subjective religious purpose in providing charitable services.
However, the Court upheld the Tribunal's conclusion that the prohibition on same-sex relationships was not a bona fide occupational qualification for a support worker, as the role did not involve religious proselytization.
The Court also upheld the finding of a poisoned work environment but narrowed the systemic remedies ordered by the Tribunal.
