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.
- Frankly, a section 15 sex discrimination argument at the SCC, with female claimants, makes me nervous. But look!
- No webcast yet, but when there is, it will be at the link below
- Let's go back a bit now....
- Where is the Arbitrators decision that the SCC is essentially upholding? I cannot find an open access version.  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]
- 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
- Back to the case: Link to the BCCA decision reversing the arbitrator.
- Then the SCC grants leave (and grants West Coast LEAF leave to intervene)
- 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 …
- Here are all three factums from the SCC - appellant, respondent, intervener
- And here are the post decision tweets!