Guy Lemay

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.

A police officer was dismissed by the disciplinary committee after being found guilty of shoplifting.

The appellant union filed a grievance, and the arbitrator substituted the dismissal with a thirteen-month suspension without pay, finding the original penalty too severe.

The respondent applied for a writ of evocation, which was denied by the Superior Court but granted by the Court of Appeal.

The Supreme Court of Canada allowed the appeal, holding that the arbitrator did not exceed his jurisdiction under the Labour Code by imposing a penalty not explicitly available to the disciplinary committee, as his decision did not constitute an abuse of power amounting to fraud or flagrant injustice.