Remedy and Precedent
- Vriend's case was appealed by the Supreme Court of Canada which ruled that "sexual orientation" be read-in to the IRPA allowing homosexuals protection
- The Christian College's decision to fire Vriend based on his sexual orientation was unconstitutional and went against the IRPA as well as the Charter
- Vriend sought to rectify the wrong doings that had taken place throughout the winter of 1991
- With decisions from the Alberta Court of Appeal and the Supreme Court of Canada
Court Decisions
Vriend and The Oakes Test
- Judge Russel decided that several sections of the IRPA were unconstitutional due to sexual orientation not being part of the reasonable limits and should be read into the IRPA
- The Alberta Court of Appeal disagreed with Russel saying that both hetero and homosexuals were to be treated as equals under the IRPA and reversed the decision
- Vriend was not happy with this and took his case to the SCC where the majority ruled that every individual must be recognized regardless of age, sex, colour, origins, or other characteristics of said person including sexual orientation
- The case only came to the second step: Pressing and Substantial
- IRPA s.7(1) is unconstitutional due to violation of the Charter
- IRPA s.7(1) must have "sexual orientation" read-in
- The case did not pass the Oakes test
- The SCC decided that the IRPA breached the equality provisions of the Charter because of the omission of "sexual orientation" and should be read-in as a protected ground
Individual's Rights Protection Act
- S. 7(1) - No employer or person acting on behalf of an employer shall (a) refuse to employ or refuse to continue to employ any person (b) or discriminate any person with regard to employment or any term or condition of employment because of race, religious belief, colour, gender, physical disability, mental disability, marital status, age, ancestry, or place of origin of that person or of any other person
Sections of The Charter
- S. 2(b) - Freedom of thought, belief, opinion and expression
- S. 15 - Equality Rights under Analogous grounds currently include sexual orientation, marital status, citizenship and Aboriginality-residence
- Ss. 24 and 52 - Enforcement and Guaranteed Rights and Freedoms
- S. 15(1) - "Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination
Vriend v. Alberta
Delwin Vriend was fired from his job in January of 1991, as a successful [Christian] college professor in Edmonton, Alberta, with the only explanation given to him being his sexual orientation.
Sexual Orientation and The Charter