Pierre-Yves Bourdeau

The respondent applied for employment as a police officer but was rejected because she had previously pleaded guilty to shoplifting and received a conditional discharge, despite having been pardoned under the Criminal Records Act.

The employer argued she did not meet the 'good moral character' requirement.

The Supreme Court of Canada held that a statutory pardon is a 'pardon' within the meaning of s. 18.2 of the Quebec Charter of human rights and freedoms, which protects against employment discrimination based on a pardoned criminal conviction.

The Court found that the employer rejected the application based solely on the finding of guilt without conducting a further inquiry to counter the presumption that the pardon had restored her moral integrity, thereby violating the Charter.

The teachers' unions entered into a modification of a collective agreement with the province that affected a minority group composed primarily of younger and less experienced teachers.

The younger teachers complained to the Human Rights Commission that the agreement discriminated against them, violating the equality guarantee of the Charter of Human Rights and Freedoms.

The Commission brought the matter before the Human Rights Tribunal.

The respondents filed a motion asking the Tribunal to decline jurisdiction on the ground that the labour arbitrator possessed exclusive jurisdiction over the dispute.

The Supreme Court of Canada held that the Human Rights Tribunal had jurisdiction over the dispute, as the essential character of the dispute engaged matters pertaining more to alleged discrimination in the formation and validity of the agreement than to its interpretation and application.

The complainant was excluded from a municipal police officer hiring process because he did not meet a minimum hearing acuity standard adopted by the municipality.

The Commission brought a complaint alleging discrimination based on a handicap.

The Supreme Court of Canada held that while the standard was discriminatory and inoperable against the complainant, damages could not be awarded because public law principles provide immunity for the good faith application of a law subsequently found unconstitutional.

However, the Court ordered the municipality to reconsider the complainant's application under current hiring rules without considering his hearing loss.