Charter (Québec): Discrimination; Two-Step ProcessQuebec (Commission des droits de la personne et des droits de la jeunesse) v. Bombardier Inc. (Bombardier Aerospace Training Center), 2015 SCC 39 (CanLII)
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.