The applicant, a male teacher, alleged that the respondent union's policies dedicating 6% of its budget to women-only training and reserving 5 of 14 executive positions for women constituted sex discrimination.
The respondent requested a summary hearing, arguing the policies were protected as special programs under section 14 of the Human Rights Code.
The Tribunal found that the programs were designed to assist a disadvantaged group (women) to achieve equal opportunity within the union.
Applying the Roberts analysis, the Tribunal held that section 14 provides a complete defence because the applicant is a member of a historically privileged group whose needs do not fall within the purpose of the special programs.
The application was dismissed as having no reasonable prospect of success.