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Reason for the Case Decision

Since the change had not been made at the time of the case Mr. Vriend did not receive compensation, meaning the university technically broke no laws nor violated the constitution. Even so the Albertan provincial government's IRPA must change Section 7(1) to allow sexual orientation as a minority right.

  • Section 7.(1) - No sexuality rights
  • No laws broken
  • Section 1. - Freedom of religion

Case Decision

The Supreme Court ruled that there should be a reflection and remedy to the Albertan IRPA specifically section 7(1). Also you cannot omit or use an omission as defence under section 32 CRF.

Issue

Was the termination of Mr. Vriend legal and constitutional under section 15(1) of the charter?

Does section 1 of the charter allow the limitation of sexuality in Alberta?

Does section 7(1) IRPA violate section 15(1) CRF and can you omit certain minorities?

Vriend V. Alberta (1998)

Applicable laws

Appellants' Arguments:

IRPA (Individual Rights Protection Act) Section 7(1)

CRF Section 15(1) Applies

Respondents' Arguments:

CRF Section 1 Sets reasonable limits the charter

IRPA Section 7(1) Does not specifically protect sexual orientation

Summary of Key Facts

  • Delwin Vriend was fired from his job, because it was against college policy to be gay.
  • Vriend attempted to file a compliant with the Alberta human rights commission.
  • He was prevented because individual right protection act didn't protect sexual orientation.
  • He appealed to the supreme court of Canada.
  • Attorney general of Alberta argued sexuality was protected under race.
  • Supreme court rejected this argument.
  • Section 15(1) was rewritten to protect sexual orientation.

-Supreme Court of Canada

-Albert Court

Quote

"Mr. Vriend was fired because the college had become aware that he was gay"

Vriend v. Alberta, 1994 CanLII 8949 (AB QB) - 1994-04-12

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