Sexual Harassment in the Workplace
This is the Tribunal that hears claims of sexual harassment in the workplace in the Armed Forces, as in Mowat v. Canada (Armed Forces) 2005 CHRT 31.
What is the Canadian Human Rights Tribunal?
Caselaw Question: In Imperial Oil Ltd. v. Quebec (Minister of the Environment), 2003 SCC 58, the Supreme Court found that Quebec's Minister of the Environment adequately fulfilled this duty of administrative decision makers in ordering a site characterization study.
What is the duty of impartiality?
Under §2(1) of the Judicial Review Procedure Act (JRPA), the Divisional Court may order that a decision maker be prohibited from acting under this type of order.
What is prohibition?
An appeal from the final decision of a federal tribunal is typically heard in this court.
What is the Federal Court?
Caselaw Question: In Delgamuukw v. British Columbia, [1997] 3 SCR 1010, the Supreme Court recognized Indigenous rights to the land known as this legal term.
What is Aboriginal Title?
Caselaw Question: In Ankamah v. Chauhan Food Services, 2010 HRTO 2024 (CanLII), the Human Rights Tribunal of Ontario found a Tim Horton's franchisee liable for failing to do this following a worker report of sexual harassment from a regular customer.
What is take reasonable steps to protect the employee?
Caselaw Question: In Knight v Indian Head School Division No 19, [1990] 1 S.C.R. 653, the Supreme Court held that a decision will require at least the minimum degree of procedural fairness where it is final and sufficiently administrative, made where the decision is made according to a specific statute, and this factor is also present.
What is the impact on the claimant's rights, privileges, or interests?
Under §18(1)(a) of the Federal Courts Act (FCA), the Court can quash a decision maker's decision under this remedy to provide certainty.
What is certiorari?
Under §18.3 (1) of the Federal Courts Act (FCA), a federal tribunal may pose a question of law to the Federal Court via this legal mechanism.
What is by way of reference?
Caselaw Question: In R. v. Powley, 2003 SCC 43, the Supreme Court held that members of this Indigenous group have hunting rights.
Who are the Métis?
Caselaw Question: In Metrolinx v. Amalgamated Transit Union, Local 1587, 2024 ONSC 1900, the Divisional Court found that an employer still has an duty to do this when an incident of sexual harassment comes to it's attention, even where no official complaint has been made.
What is investigate?
Caselaw Question: In Canadian Union of Public Employees v Ontario (Minister of Labour), 2003 SCC 29, The Supreme Court held that arbitrators appointed under the Hospital Labour Disputes Arbitration Act must have this in addition to satisfying the duty of impartiality.
What is labour relations expertise?
Under §2(1) of the Judicial Review Procedure Act (JRPA), the Divisional Court may order that a decision maker be prohibited from acting under this type of order.
What is prohibition?
This is the Tribunal responsible for hearing Employment Insurance and Canada Pension Plan Disability matters.
What is the Social Services Tribunal?
Caselaw Question: In Tsilhqot’in Nation v. British Columbia, 2014 SCC 44, the Supreme Court affirmed that claims of a failure to adequately consult Indigenous communities can be avoided by obtaining this.
What is consent?
Caselaw Question: In Bilac v. Abbey, Currie and NC Tractor Services Inc., 2023 CHRT 43, the Canadian Human Rights Tribunal found an employer had discriminated against a trans employee by repeatedly calling him by his "prior" name, an act known as this.
What is deadnaming?
Caselaw Question: In Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817, the Supreme Court identified five factors affecting the content of the duty of fairness in administrative decisions: the nature of the statutory scheme, the importance of the decision, the legitimate expectations of the person challenging the decision, the decision maker's choice of procedure, and this.
What is the nature of the decision being made?
Unlike most administrative remedies, this remedy, sought to end an unlawful imprisonment, is not discretionary and must be granted where the applicant shows there is no legal ground for the detention, which is within the exclusive jurisdiction of the Federal Court, under §18(2) of the Federal Courts Act (FCA) in relation to any member of the Canadian Forces serving outside Canada.
What is habeas corpus?
This is the Tribunal responsible for hearing appeals of removal orders issued by immigration officers.
What is the Immigration and Refugee Board of Canada?
Caselaw Question: In Ontario (Attorney General) v. Restoule, 2024 SCC 27, the Supreme Court held that this is the standard of review in interpreting treaties made with Indigenous communities.
What is correctness?
Caselaw Question: In Laskowska v. Marineland of Canada Ltd., 2005 HRTO 30, the HRTO established 10 factors for evaluating an employer's response to sexual harassment in the workplace, grouped into three categories: awareness of issues of discrimination/harassment, post-complaint actions, and this.
What is resolution of the complaint?
Caselaw question: Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, the Supreme Court identified this as the presumptive the standard of review for administrative decisions.
What is reasonableness?
Under §18(1)(a) of the Federal Courts Act, the Court can remove a federal office holder from office with this remedy, where it's warranted.
What is quo warranto?
An unsuccessful judicial review before the Federal Court may be appealed with leave of this court.
What is the Federal Court of Appeal?
Caselaw Question: In Mikisew Cree First Nation v. Canada (Governor General in Council), 2018 SCC 40, the Supreme Court held that the duty to consult and accommodate does not apply to executive actors who are exercising this.
What is legislative power/capacity?