The appellants challenged Alberta human rights legislation that omitted sexual orientation from the prohibited grounds of discrimination after a dismissed employee was denied access to the provincial human rights complaint process.
The Court held that the Charter applies to underinclusive legislation and that the omission created a discriminatory denial of the equal benefit and protection of the law contrary to s. 15(1).
The respondents failed to justify the omission under s. 1, including at the pressing and substantial objective stage of the Oakes analysis.
Applying Schachter, the Court held that reading in “sexual orientation” to the impugned provisions was the appropriate remedy.
The appeal was allowed and the cross-appeal dismissed with costs.
