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APPENDIX I2010 CHRT 27 (CaPay RateEffective:2003-06-012006-07-012007-07-012008-07-01PeriodGeorge Vilven, Proxy Position Assignment an Proxy Income, 2003-2010NumRevisedProxy Positionber Monthly PayProxyAssignment, Perof Rate, PerPositionExhibit C-9Mont Table 3AssignmenthsProxySeniority#PeriodIncomeYearAnnualIncome2003-09-01 to 2003-12-31 1406 YYZ B744 F/O 4 $13,387 $53,548 2003 $53,5482004-01-01 to 2004-12-31 1533 YYZ B744 F/O 12 $13,387 $160,644 2004 $160,6442005-01-01 to 2005-12-31 1323 YYZ A320 CA YYZ A340 F/O 12 $11,964 $143,568 2005 $143,5682006-01-01 to 2006-06-30 1188 YYZ A320 CA YYZ A340 F/O 6 $11,964 $71,7842006-07-01 to 2006-11-30 188 YYZ A320 CA YYZ A340 F/O 5 $12,207 $61,0352006-12-01 to 2006-12-31 1188 YYZ A320 CA 1 $13,702 $13,7022007-01-01 to 2007-06-30 1093 YYZ A320 CA 6 $13,702 $82,2122007-07-01 to 2007-07-31 1093 YYZ A320 CA 1 $13,942 $13,9422007-08-01 to 2007-12-31 1093 YYZ B767 CA 5 $16,790 $83,9502008-01-01 to 2008-06-30 972 YYZ B767 CA 6 $16,790 $100,7402008-07-01 to 2008-08-31 972 YYZ B767 CA 2 $17,084 $34,1682008-09-01 to2008-12-30 972 YYZ B777 F/O 4 $13,340 $53,3602006 $146,5212007 $180,1042008 $188,2682009-01-01 to 2009-12-31 868 YYZ B777 F/O 12 $13,340 $160,080 2009 $160,0802010-01-01 to 2010-04-30 751 YYZ B777 F/O 4 $13,340 $53,360 2010 $53,360$1,086,093 $1,086,093
APPENDIX II2010 CHRT 27 (CaPay RateEffective:2003-06-012006-07-012007-07-012008-07-01PeriodNeil Kelly, Proxy Position Assignment an Proxy Income, 2005-2010MonthlyProxy Position NumberProxyPayAssignment, Per ofSeniority #Rate, PerExhibit C-13 MonthsTable 3PeriodIncomeYearAnnualIncome2005-05-01 to 2005-12-31 79 YYZ A340 F/O 8 $11,964 $95,712 2005 $95,7122006-01-01 to 2006-06-302006-07-01 to 2006-11-305252YYZ A340 F/OYYZ A340 F/O65$11,964$12,207$71,784$61,035 2006 $151,1462006-12-01 to 2006-12-31 52 YYZ A340 CA 1 $18,327 $18,3272007-01-01 to 2007-03-31 39 YYZ A340 CA 3 $18,327 $54,9812007-04-01 to 2007-06-30 39 YYZ B777 CA 3 $19,435 $58,305 2007 $231,9362007-07-01 to 2007-12-31 39 YYZ B777 CA 6 $19,775 $118,6502008-01-01 to 2008-06-30 20 YYZ B777 CA 6 $19,775 $118,6502008-07-01 to2008-12-31 20 YYZ B777 CA 6 $20,122 $120,7322008 $239,3822009-01-01 to 2009-12-31 11 YYZ B777 CA 12 $20,122 $241,464 2009 $241,4642010-01-01 to 2010-04-30 5 YYZ B777 CA 4 $20,122 $80,488 2010 $80,488$1,040,128 $1,040,128
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Federal CourtCour fédéraleOttawa,
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TABLE OF CONTENTSPARA.I. Introducti
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G. Accommodation in the Post-Novemb
Page 7 and 8:
Page: 2[5] Also at issue in Air Can
Page 9 and 10:
Page: 4[13] Based upon his years of
Page 11 and 12:
Page: 6[22] Both complaints were re
Page 13 and 14:
Page: 8Tribunal’s decision as it
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Page: 10[37] The Tribunal observed
Page 17 and 18:
Page: 12VII.Standard of Review[45]
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Page: 14[53] There is also no dispu
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Page: 16the Charter. By failing to
Page 23 and 24:
Page: 18impaired the relevant right
Page 25 and 26:
Page: 20workers were compensated fo
Page 27 and 28:
Page: 22The Supreme Court found tha
Page 29 and 30:
Page: 24[93] With this in mind, Jus
Page 31 and 32:
Page: 26[100] Our legal system oper
Page 33 and 34:
Page: 28observed in her dissenting
Page 35 and 36:
Page: 30[116] Further, as I observe
Page 37 and 38:
Page: 32[124] There is a further co
Page 39 and 40:
Page: 34[132] However, as the Ontar
Page 41 and 42:
Page: 36[139] Where earlier Supreme
Page 43 and 44:
Page: 38[148] There have been devel
Page 45 and 46:
Page: 40[156] These circumstances f
Page 47 and 48:
Page: 42have abolished mandatory re
Page 49 and 50:
Page: 44[170] The arbitrator’s se
Page 51 and 52:
Page: 46[178] As noted earlier, the
Page 53 and 54:
Page: 48i) The Section 1 Analytical
Page 55 and 56:
Page: 50requires a consideration of
Page 57 and 58:
Page: 52[198] The Tribunal further
Page 59 and 60:
Page: 54[206] At this stage of the
Page 61 and 62:
Page: 56retirement to be imposed up
Page 63 and 64:
Page: 58[221] As the Supreme Court
Page 65 and 66:
Page: 60legislatures have struck a
Page 67 and 68:
Page: 62[236] Air Canada’s expert
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Page: 64question the assumption und
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Page: 66[251] Dr. Kesselman confirm
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Page: 68choose to continue working.
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Page: 70[267] However, Dr. Kesselma
Page 77 and 78:
Page: 72need the money. Those who w
Page 79 and 80:
Page: 74[283] While Chief Justice M
Page 81 and 82:
Page: 76for the accommodation of th
Page 83 and 84:
Page: 78requirements. As a conseque
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Page: 80Gunderson and Pesando entit
Page 87 and 88:
Page: 82employment arrangements inv
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Page: 84assisted employers in manag
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Page: 8615(1)(c) of the CHRA and th
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Page: 88[334] The Tribunal rejected
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Page: 90[343] Indeed, the majority
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Page: 92[351] For the reasons given
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Page: 94[358] As to the scope of th
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Page: 962006. Six Sigma is a busine
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Page: 98[376] The Tribunal also fou
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Page: 100agreement would affect oth
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Page: 102[392] It is true that the
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Page: 104[400] That is, while the q
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Page: 106ICAO standards. Air Canada
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Page: 108ii)The Accommodation of Mr
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Page: 110[424] The evidence before
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Page: 112company about three months
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Page: 114[441] The major focus of C
Page 121 and 122:
Page: 116[450] For example, Captain
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Page: 118Duke explained why a sched
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Page: 120ii)The Tribunal’s Findin
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Page: 122[474] Messrs. Vilven and K
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Page: 124[482] I have concluded tha
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Page: 126memorandum of fact and law
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Page: 128JUDGMENTTHIS COURT ORDERS
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Page: 2agreement relate to the indi
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FEDERAL COURTSOLICITORS OF RECORDDO
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COURT OF APPEAL FOR BRITISH COLUMBI
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Health Sciences Assoc. of B.C. v. C
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Page 145 and 146:
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Date: July 9, 2004File: 348Indexed
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[7] Myert contracts with provincial
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- Proportional client case manageme
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scrutinizing closely, the contract
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[29] Two New Moons fell on work day
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and based on the last paragraph of
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I understand that I am still in my
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terminate his employment due to his
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searches in December 2002, which wa
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[65] I find that Mr. Derksen has es
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[71] Finally, I cannot find that My
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complainant as a result of contrave
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Other Orders[84] Mr. Derksen seeks
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Canadian HumanRights TribunalTribun
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I. COMPLAINT[1] This complaint aros
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3[12] Previous to the hearing, the
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5[22] Jason also worked regularly s
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7III.RESPONDENT’S OPERATIONS[33]
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9building on the air field where sm
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11consideration of the nature of
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13been described by her then superi
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15c) The bulk of employees in the C
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17b) “In addition to programming
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19V. COMPLAINANT’S CASEA. Evidenc
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21Hence, while the Respondent is pr
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23Ms. Gerstl, and would not allow h
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25[109] Under cross-examination, Ms
Page 217 and 218:
27[120] Mr. Star also testified to
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29[129] Mr. Star confirmed that at
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31shifts as of right when her circu
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33[149] There has been a phenomenal
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35- workers are less engaged with l
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37worker’s sense of control and h
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39[178] Complainant’s counsel cha
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41have also increased for families.
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43referral, hiring, promotion, trai
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45[210] The interpretation that ‘
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47[219] This Tribunal does not find
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49[230] Both parties rely on their
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51not discrimination found in any g
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53VI.RESPONDENT’S CASEA. Evidence
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55approximately 14 weeks. There is
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57[270] When asked under cross-exam
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59[281] However, Mr. Sheridan ackno
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61[293] Mr. Sheridan responded that
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63[299] There was no one called as
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6515 people at any given time, or 4
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67[324] CBSA’s approach upon rece
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69[335] The one question relied upo
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71the U.S. So, whereas in the U.S.
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73could accommodate Ms. Johnstone
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75b) Ms. Johnstone has demonstrated
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77contributions as a full-time empl
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79[385] However, by a decision rend
Page 271 and 272:
CANADIAN HUMAN RIGHTS TRIBUNALPARTI
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INTRODUCTION[1] Raymond Jones is on
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eligious requirements by scheduling
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[18] In the last couple of years, t
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Bible-trained conscience would be i
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Did the Respondents refuse to conti
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further, there is nothing to sugges
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[47] Section 37(2)(d)(ii) of the Co
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first year at Menzies he received n
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• That the Respondents Cornelius
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INTRODUCTION[1] Darshan Pannu works
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[9] For their part, Skeena and the
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elevated hydrogen sulfide concentra
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[27] As a result of complaints by a
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[37] However, his back condition di
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[45] Mr. Pannu alleges that Skeena
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(2) Protective respiratory equipmen
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condition can drive safely. That is
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emergency procedure that the Compla
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[75] I can see no justification for
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tacitly approved a less than accept
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would impose some cost on Skeena. I
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time and because those people are l
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[104] The evidence before me establ
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[110] Since Skeena has established
Page 381 and 382:
TABLE OF CONTENTSPageI. INTRODUCTIO
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2A. The Facts(i)The Canadian Nation
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4CMC. Ms. Storms occupied that posi
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6[26] The work schedule of a Conduc
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8It is this provision that allows C
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10[44] Because she was hired after
Page 393 and 394:
12[54] Ms. Storms also testified th
Page 395 and 396:
14[64] She also testified that CN c
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16not have to cover the shortage in
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18November 13 th , he started train
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20Tribunal to identify any legislat
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22accurate” and she added that
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24[101] There was no response from
Page 407 and 408:
26supervisor the result would have
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28[116] On cross-examination, Ms. S
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30[125] On February 16 th , 2006, M
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32A railway is, by its nature, a tw
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34[132] Section 7 states :7. It is
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36(ii)The Lawa) The prima facie cas
Page 419 and 420:
38strike that balance coupled with
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40duty or obligation” and that th
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42apply the Hoyt approach. In Chant
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44the Complainant’s “parental p
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46January at the latest.” (para.
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48c) Has a prima facie case of disc
Page 431 and 432:
50CN’s other witnesses could not
Page 433 and 434:
52Has CN established that it could
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54[189] The evidence establishes th
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56[196] The evidence also indicates
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58[202] Once the door is opened, th
Page 441 and 442:
60about the policy and that if she
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62iii. Is it necessary to have all
Page 445 and 446:
64person is assessed according to h
Page 447 and 448:
66At the most, according to Cathy S
Page 449 and 450:
68(iii)Compensation for lost wages[
Page 451 and 452:
70“child care issue”. They felt
Page 453 and 454:
Page 455 and 456:
TABLE OF CONTENTSPageI. INTRODUCTIO
Page 457 and 458:
2A. The Facts(i)The Canadian Nation
Page 459 and 460:
4[15] When an employee is working o
Page 461 and 462:
6eventually disappear altogether. T
Page 463 and 464:
8an employee of CN until her employ
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10(iv)The Conductors recalled to co
Page 467 and 468:
12evidence confirming that this was
Page 469 and 470:
14(v)The Complainant’s recall to
Page 471 and 472:
16the same difficulties with childc
Page 473 and 474:
18during a meeting where various to
Page 475 and 476:
20[81] Mr. Broshko was not called a
Page 477 and 478:
22[87] Section 10 of the Act provid
Page 479 and 480:
24[1999] 3 S.C.R. 3 (“Meiorin”)
Page 481 and 482:
26118 This Tribunal has considered
Page 483 and 484:
28wrong in law.” (Johnstone, supr
Page 485 and 486:
30[106] In Falardeau v. Ferguson Mo
Page 487 and 488:
32Employees, (2006) 88 C.L.A.S. 212
Page 489 and 490:
34[118] The Tribunal also disagrees
Page 491 and 492:
36[125] The Tribunal concludes that
Page 493 and 494:
38[131] CN’s justification for de
Page 495 and 496:
40terminals. Employees hired after
Page 497 and 498:
42868 (Grismer), at para. 31). Empl
Page 499 and 500:
44[150] The evidence clearly establ
Page 501 and 502:
46vi. Have other parties who are ob
Page 503 and 504:
48followed in this case and that
Page 505 and 506:
50complaint of discrimination based
Page 507 and 508:
52that she be reinstated in her emp
Page 509 and 510:
54reasonable to conclude therefore
Page 511 and 512:
56involved in this case decided tha
Page 513 and 514:
Page 515 and 516:
- 2 -Evangelical Fellowship of Cana
Page 517 and 518:
- 4 -demolition. The application wa
Page 519 and 520:
- 6 -Here, the impugned stipulation
Page 521 and 522:
- 8 -Whether one can waive a consti
Page 523 and 524:
- 10 -in relation to one another wh
Page 525 and 526:
- 12 -The obligation imposed on the
Page 527 and 528:
- 14 -By Iacobucci J.Referred to: R
Page 529 and 530:
- 16 -Canadian Charter of Rights an
Page 531 and 532:
- 18 -1 An important feature of our
Page 533 and 534:
- 20 -festival, which begins in lat
Page 535 and 536:
- 22 -Co-owners may not decorate, p
Page 537 and 538:
- 24 -16 Each of the appellants non
Page 539 and 540:
- 26 -also satisfied that, contrary
Page 541 and 542:
- 28 -concluded that the accommodat
Page 543 and 544:
- 30 -of succahs on the balconies o
Page 545 and 546:
- 32 -Quebec Charter or under the C
Page 547 and 548:
- 34 -purpose of s. 2(a) is to ensu
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- 36 -commands of their common fait
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- 38 -determining, either explicitl
Page 553 and 554:
- 40 -55 This approach to freedom o
Page 555 and 556:
- 42 -60 At this stage, as a genera
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- 44 -B. Application to the Facts(1
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- 46 -mandated “obligation” to
Page 561 and 562:
- 48 -the significance of a strict
Page 563 and 564:
- 50 -77 Similarly, a communal succ
Page 565 and 566:
- 52 -82 Against the appellants’
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- 54 -maximize human rights invaria
Page 569 and 570:
- 56 -persuaded that the purported
Page 571 and 572:
- 58 -“did not read these provisi
Page 573 and 574:
- 60 -Succot, subject to the undert
Page 575 and 576:
- 62 -6.16 EXTERIOR DECORATIONS PRO
Page 577 and 578:
- 64 -[TRANSLATION] . . . practisin
Page 579 and 580:
- 66 -reserved for exclusive use to
Page 581 and 582:
- 68 -the building’s style and it
Page 583 and 584:
- 70 -129 Regarding the third step
Page 585 and 586:
- 72 -The essence of the concept of
Page 587 and 588:
- 74 -137 In light of the foregoing
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- 76 -(M. Tancelin, “L’acte uni
Page 591 and 592:
- 78 -142 Although any analysis of
Page 593 and 594:
- 80 -of Quebec (C.C.Q., preliminar
Page 595 and 596:
- 82 -in enacting s. 9.1, as eviden
Page 597 and 598:
- 84 -Charter involves finding a ba
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- 86 -159 The appellants submit tha
Page 601 and 602:
- 88 -as it does not bar the appell
Page 603 and 604:
- 90 -emergency routes will be comp
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- 92 -access routes too much if cer
Page 607 and 608:
- 94 -would amount to an impairment
Page 609 and 610:
- 96 -178 The appellants contend th
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- 98 -erection on the communally ow
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- 100 -Charter of Rights and Freedo
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- 102 -(Journal des débats: Commis
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- 104 -Can one waive his or her rig
Page 619 and 620:
- 106 -198 In my view, the “reaso
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- 108 -[TRANSLATION]Q. You said ear
Page 623 and 624:
- 110 -denial of construction of th
Page 625 and 626:
- 112 -11. A succah in the garden h
Page 627 and 628:
CITATION: VILVEN V. AIR CANADA, 200
Page 629 and 630:
the shared meaning of the English a
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451, (1990), 52 B.C.L.R. (2d) 105,
Page 633 and 634:
(i) Mandatory retirement at Air Can
Page 635 and 636:
[7] It should also be noted at the
Page 637 and 638:
[25] In contrast, Mr. Kelly’s hum
Page 639 and 640:
first officers. While noting that c
Page 641 and 642:
3. Was there a “normal age of ret
Page 643 and 644:
at the very heart of a free and dem
Page 645 and 646:
situation of pilots working in Cana
Page 647 and 648:
[114] The fact that other Canadian
Page 649 and 650:
[132] Firstly, as Air Canada has no
Page 651 and 652:
[151] In contrast, the French versi
Page 653 and 654:
of relevant positions. As the Tribu
Page 655 and 656:
[189] Before turning to discuss the
Page 657 and 658:
and Harrison, and paragraph 15(1)(c
Page 659 and 660:
working beside them is paid more th
Page 661 and 662:
Rather, it is the permissive provis
Page 663 and 664: treatment is as between workers und
Page 665 and 666: (ii) The degree of correspondence b
Page 667 and 668: [296] In Lavoie, Justice Bastarache
Page 669 and 670: the law to university professors ov
Page 671 and 672: constitutionally protected right, t
Page 673 and 674: colour, religion, age, sex, sexual
Page 675 and 676: Canadian HumanRights TribunalTribun
Page 677 and 678: 2D. Conclusion on Seniority .......
Page 679 and 680: 2II.Cease and Desist Order[3] The c
Page 681 and 682: 4defence to any other outstanding o
Page 683 and 684: 6A. Vilven[22] For the purpose of d
Page 685 and 686: 8seniority to transfer to Toronto a
Page 687 and 688: 10knowing that they will be frozen
Page 689 and 690: 12[54] Kelly provided two calculati
Page 691 and 692: 14earned about $5,000 a month. Sinc
Page 693 and 694: 16[77] Kelly said he also made some
Page 695 and 696: 18VI.Pain and SufferingA. Vilven[88
Page 697 and 698: 20complainants continued with Air C
Page 699 and 700: 22retired at some point in the near
Page 701 and 702: 24(ii)Kelly[117] As to Kelly’s se
Page 703 and 704: 26[127] Air Canada seeks to support
Page 705 and 706: 28[138] In Martin, the Supreme Cour
Page 707 and 708: 30[150] For the Supreme Court in Hy
Page 709 and 710: 32[161] Thus the respondents argue,
Page 711 and 712: 34F. Conclusion on Previous Financi
Page 713: 369) Air Canada is to pay fifty per
Page 717 and 718: Canadian HumanRights TribunalTribun
Page 719 and 720: I. INTRODUCTION[1] This is an emplo
Page 721 and 722: 3described by the Complainant’s c
Page 723 and 724: 5The training takes from four (4) t
Page 725 and 726: 7available for work, but if he or s
Page 727 and 728: 9back to their home residence at re
Page 729 and 730: 11nature of the father’s work mak
Page 731 and 732: 13[57] Due to its location, the Van
Page 733 and 734: 15(iv)The Conductors recalled to co
Page 735 and 736: 17August 12 th . He works from that
Page 737 and 738: 19When asked by CN counsel why he h
Page 739 and 740: 21[88] Employee QR was covering a s
Page 741 and 742: 23[96] In CN’s Amended Statement
Page 743 and 744: 25[105] On cross-examination, the C
Page 745 and 746: 27Vancouver. On cross-examination h
Page 747 and 748: 29[121] The Complainant also testif
Page 749 and 750: 31at the end of May or in the first
Page 751 and 752: 33schedule. She was asking, in effe
Page 753 and 754: 35B. ISSUES[139] The issue raised i
Page 755 and 756: 37differential manner and was termi
Page 757 and 758: 39117 Discrimination on this ground
Page 759 and 760: 41[154] In Johnstone, the Federal C
Page 761 and 762: 43approach in Campbell River. For e
Page 763 and 764: 45discrimination set out in the CHR
Page 765 and 766:
47the complaint and that no jurispr
Page 767 and 768:
49[178] In February 2005, the Compl
Page 769 and 770:
51equally and fully in employment w
Page 771 and 772:
53[191] The use of the term “undu
Page 773 and 774:
55[198] The evidence clearly establ
Page 775 and 776:
57[205] CN “Accommodation Guideli
Page 777 and 778:
59had trained its managers well eno
Page 779 and 780:
61[219] She further testified that
Page 781 and 782:
63[224] To meet the procedural comp
Page 783 and 784:
65the situation in the present case
Page 785 and 786:
67[238] The Tribunal has referred i
Page 787 and 788:
69(iii)Compensation for lost wages[
Page 789 and 790:
71speaking to the Complainant, what
Page 791:
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