The appellant, a manager at a provincial jail, filed a human rights complaint after the respondent union president posted sexist comments about her on a union blog during a labour dispute.
The Human Rights Tribunal dismissed the complaint, finding the conduct did not constitute discrimination 'with respect to employment' under s. 5(1) of the Human Rights Code, after balancing the Code's objectives with the respondent's Charter rights to freedom of expression and association.
The Divisional Court upheld the decision on judicial review.
The Court of Appeal dismissed the appeal, confirming that administrative tribunals must consider Charter values when interpreting their home statutes, even absent ambiguity, and that the Tribunal's balancing of these rights was reasonable.
