Aug 12, 2015

The context of this case and the fact racial profiling is recognized as a prohibited form of discrimination does not change the two-step process that applies in the context of a complaint under the Québec Charter. In this case, it was not shown on a balance of probabilities there is a connection between a prohibited ground of discrimination and the decision to deny the training request. But the Court’s conclusion in this case does not mean a company can blindly comply with a discriminatory decision of a foreign authority without exposing itself to liability.

Note: These brief summaries were originally prepared for Supreme Advocacy LLP’s weekly newsletter which covers Supreme Court of Canada appeals and leaves to appeal.