Ross Boutilier, Loree-Ann Huard, Gaylene Gurr v. Treasury Board and Department of Natural Resources and Human Resources Development Canada

Ross Boutilier, Loree-Ann Huard, Gaylene Gurr v. Treasury Board and Department of Natural Resources and Human Resources Development Canada

The Tribunal found that denying employees leave to participate in public same-sex commitment ceremonies amounted to a discriminatory practice under the Canadian Human Rights Act and therefore substantiated the complaints; accordingly the Tribunal ordered the Treasury Board to cease the discriminatory practice, to ensure equal marriage-leave treatment for public same-sex commitment ceremonies in collective agreement application, to credit the complainants' leave taken, and to pay each complainant $5,000 for pain and suffering.

Citation
2003 CHRT 20
Parties
Complainant: Ross Boutilier; Complainant: Loree-Ann Huard; Complainant: Gaylene Gurr; Commission: Canadian Human Rights Commission; Respondent: Treasury Board; Respondent: Department of Natural Resources; Respondent: Human Resources Development Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
26 May 2003
Procedural Posture
Canadian Human Rights Act Complaint / Consent Order
Outcome
Complaints substantiated by consent order
Legal Topics
Marriage Leave, Same Sex Commitment Ceremonies, Discrimination, Collective Agreements, Remedies
Source Language
English
Human Rights Employment Law Labour Law Administrative Law Marriage Leave Same Sex Commitment Ceremonies Discrimination Collective Agreements +1 more

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Parties

Ross Boutilier

Complainant

Loree-Ann Huard

Complainant

Gaylene Gurr

Complainant

Canadian Human Rights Commission

Commission

Treasury Board

Respondent

Department of Natural Resources

Respondent

Human Resources Development Canada

Respondent

Procedural Posture

Canadian Human Rights Act Complaint / Consent Order

Legal Issues

  1. 1 Whether denying leave to employees to participate in public same-sex commitment ceremonies constitutes discrimination under the Canadian Human Rights Act
  2. 2 Whether the Treasury Board's interpretation of marriage leave in collective agreements excluding same-sex commitment ceremonies is permissible
  3. 3 Appropriate remedies for discriminatory denial of leave

Ratio Decidendi

The Tribunal found that denying employees leave to participate in public same-sex commitment ceremonies amounted to a discriminatory practice under the Canadian Human Rights Act and therefore substantiated the complaints; accordingly the Tribunal ordered the Treasury Board to cease the discriminatory practice, to ensure equal marriage-leave treatment for public same-sex commitment ceremonies in collective agreement application, to credit the complainants' leave taken, and to pay each complainant $5,000 for pain and suffering.

Court Disposition

Complaints substantiated by consent order

Orders

  • The Treasury Board shall cease the discriminatory practice engaged in with respect to the Complainants.
  • The Treasury Board shall within six months of the date of this Order take such steps as are necessary to eliminate the discriminatory practice in the application of all of the collective agreements to which it is a party.