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  • February/March 2019 Human Rights Digest
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CHRR decisions are only available from Canadian Human Rights Reporter Inc.

CHRR decisions are not included in LawSource (Westlaw), Quicklaw (LexisNexis) or CanLII.

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Family Status Complaint Should Get Full Hearing
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The B.C. Court of Appeal in Environcon Environmental Services, ULC v. Suen, 2019 BCCA 46, CHRR Doc. 19-3004, gave the back of its hand to a human rights complaint based on family status that was filed by a new father. This decision is disturbing because Mr. Suen did not get to have the merits of his complaint heard; it was dismissed on a preliminary application.

Mr. Brian Suen, who was a project manager for Environcon Environmental Services, was fired when, shortly after the birth of his daughter, he refused to accept an assignment that required him to be away from home to work on a project in Manitoba, without interruption or home visits, for eight to 10 weeks. His daughter was born with jaundice. Neither Mr. Suen, nor his wife, has any additional support to help care...

What Was Said

What Does Discrimination Based on Family Status Mean?
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“In determining how to exercise its discretion, the Tribunal had to consider whether, based on the facts Mr. Suen alleged, it could be found that he had been discriminated against on the basis of his family status.  Put in terms of Campbell River, in deciding Envirocon's application, the Tribunal had to determine whether, on the basis of those alleged facts, it could be found that: (i) there had been a change in a term or condition of Mr. Suen's employment; and (ii) such a change...

Environcon Environmental Services, ULC v. Suen, 2019 BCCA 46, CHRR Doc. 19-3004 at paras. 30–32

Human Rights Digest 20-2, February/March 2019