Stealth Section 15 at the SCC: British Columbia Teachers' Federation v. British Columbia Public School Employers'...

h/t Profs Gillian Calder and Carissima Mathen, and West Coast LEAF's Kasari Govender for this news.

  1. Frankly, a section 15 sex discrimination argument at the SCC, with female claimants, makes me nervous. But look!
  2. No webcast yet, but when there is, it will be at the link below
  3. Let's go back a bit now....
  4. Where is the Arbitrators decision that the SCC is essentially upholding? I cannot find an open access version. [2012] B.C.C.A.A.A. No. 138 No. A-106/12 is the cite, and it is available on Quicklaw. The discussion of section 15 is around paras 32-42. If i can find an open access version I will post it. The case arises in Surrey, and the Arbitrator is John B. Hall. [EDIT Nov. 17 - here's a version, see below]
  5. The arbitrator also spends a bit of time on the question of how money (or lack of same) can play into the section 1 analysis in section 15 cases. For more on this consider the below article by Hester Lessard
  6. Back to the case: Link to the BCCA decision reversing the arbitrator.
  7. Then the SCC grants leave (and grants West Coast LEAF leave to intervene)
  8. Link to West Coast LEAF's application to intervene: "A. Parental and pregnancy benefits are necessary for gender equality B. The failure to provide adequate pregnancy benefits is discriminatory C. The discrimination cannot be remedied by ‘equality with a vengeance" (sorry: for some reason I can't get Storify to embed a direct clickable link - you may need to cut and paste).  http://www.westcoastleaf.org/userfiles/file/Motion%20record%20-%20WCL%20-%20leave%20to%20intervene%20Final.pdf 
  9. Here are all three factums from the SCC - appellant, respondent, intervener
  10. And here are the post decision tweets!
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