The Court of Appeal has confirmed that parental situation does not qualify as a ground of discrimination as contemplated by the Charter of Human Rights and Freedoms.
In a recent judgment rendered by the Quebec Court of Appeal, the Court confirmed its somewhat prudent reasoning in the 2010 case Syndicat des intervenantes et intervenants de la santé Nord-Est québécois (SIISNEQ) (CSQ) v. Centre de santé et de services sociaux de la Basse-Côte-Nord, 2010 QCCA 497 (CanLII) : parental situation, parental status and parental leave are not deemed to fall within the scope of grounds of discrimination prohibited by the Charter of Human Rights and Freedoms (the « Charter »).
More specifically, the Court of Appeal reiterated that parental situation does not enjoy Charter protection against discrimination on the ground that it constitutes “civil status”.
To consult this judgment, see : Beauchesne v. Syndicat des cols bleus regroupés de Montréal (SCFP-301), December 2, 2013, D.T.E. 2013T-846, (C.A.)
