Clermont Vermette

The town of Brossard adopted an anti-nepotism hiring policy disqualifying members of the immediate families of full-time employees and town councillors from taking up employment with the town.

The mis en cause's application for summer employment as a lifeguard was rejected because her mother worked as a full-time typist at the municipal police station.

The Supreme Court of Canada held that the hiring policy constituted discrimination based on civil status under s. 10 of the Quebec Charter.

The Court further held that the policy was not justified under s. 20 of the Charter, as the blanket exclusion was disproportionately stringent and not a bona fide occupational qualification, nor was the municipality a non-profit institution of a political nature.

The appellant appealed a judgment of the Quebec Court of Appeal that allowed the respondent's motion to dismiss the appellant's appeal from an order of the Expropriation Tribunal.

The Supreme Court of Canada allowed the appeal, adopting the reasoning of Mayrand J. without expressing an opinion on section 15 of the Canadian Charter of Rights and Freedoms.

The judgment of the Court of Appeal was set aside and the motion to dismiss the appeal was disallowed.