Quebec (Attorney General) v. Alliance du personnel professionnel et technique de la santé et des services sociaux

Quebec (Attorney General) v. Alliance du personnel professionnel et technique de la santé et des services sociaux

The majority held that ss.76.3, 76.5 and s.103.1(2) of Quebec’s Pay Equity Act create a sex-based distinction in effect by denying retroactive compensation for pay inequities that arise between five-year audits and by withholding the date of emergence of inequities from postings (hindering proof of bad faith); these provisions prima facie infringe s.15(1) and the province failed to justify them under s.1 (minimal impairment and proportionality failures); the cross-appeal challenging repeal of ss.40-43 failed.

Citation
2018 SCC 17
Parties
Appellant/respondent on Cross Appeal: Attorney General of Quebec; Respondents/appellants on Cross Appeal: Alliance du personnel professionnel et technique de la santé et des services sociaux et al.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
10 May 2018
Procedural Posture
Appeal to the Supreme Court of Canada — Constitutional Challenge to Provincial Pay Equity Legislation / Final Judgment on Appeal and Cross Appeal (2018 SCC 17)
Outcome
Appeal dismissed; cross-appeal dismissed
Legal Topics
Section 15 Charter Equality, Section 1 Oakes Justification, Pay Equity Audits, Retroactive Compensation, Systemic Sex Discrimination
Source Language
English
Constitutional Law Labour and Employment Law Human Rights Law Administrative Law Section 15 Charter Equality Section 1 Oakes Justification Pay Equity Audits Retroactive Compensation +1 more

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Parties

Attorney General of Quebec

Appellant/respondent on Cross Appeal

Alliance du personnel professionnel et technique de la santé et des services sociaux et al.

Respondents/appellants on Cross Appeal

Procedural Posture

Appeal to the Supreme Court of Canada — Constitutional Challenge to Provincial Pay Equity Legislation / Final Judgment on Appeal and Cross Appeal (2018 SCC 17)

Legal Issues

  1. 1 Whether ss.76.3, 76.5 and s.103.1 para.2 of the Pay Equity Act violate s.15(1) of the Canadian Charter of Rights and Freedoms
  2. 2 Whether s.76.3 (no requirement to post date of emergence of pay inequity) violates s.15(1)
  3. 3 If s.15(1) violated, whether the infringements are justified under s.1 of the Charter

Ratio Decidendi

The majority held that ss.76.3, 76.5 and s.103.1(2) of Quebec’s Pay Equity Act create a sex-based distinction in effect by denying retroactive compensation for pay inequities that arise between five-year audits and by withholding the date of emergence of inequities from postings (hindering proof of bad faith); these provisions prima facie infringe s.15(1) and the province failed to justify them under s.1 (minimal impairment and proportionality failures); the cross-appeal challenging repeal of ss.40-43 failed.

Court Disposition

Appeal dismissed; cross-appeal dismissed

Orders

  • Sections 76.3, 76.5 and 103.1 para. 2 of the Pay Equity Act declared unconstitutional
  • Appeal dismissed with costs (majority); cross-appeal dismissed with costs