UTGB Vol 5.pdf - Robson Hall Faculty of Law

When asked about their decision to work part.-time, 32.5% of women in their
key child..rearing years (24-44 years) cited "caring for children", while only
2.2% of men in the same age group cited this reason. 37
The reality of this unequal hnden has been acknowledged by the Supreme
Court of Canada and in human rights law both domestically and
internationally. In Symes v. Canada, Iacobucci J., for the majority, noted that
Beth Symes had "overwhelmingly demonstrated how the issue of child care
negatively affects women in employment terms" and unequivocally
acknowledged that women disproportionately incur the social costs of child
care. 38 In a similar vein, the Canadian Human Rights Tribunal observed in
Brown v. M.N.R., Customs and Excise that "[m]ore often than not, we find the
natural nurturing demands upon the female parent place her invariably in the
position where she is required to strike this fine balance between family needs
and employment requirements." 39 The Tribunal placed a clear obligation on the
employer to facilitate and accommodate this balance. Finally, European law
recognizes that discrimination against part time employees can amount to
indirect discrimination against women..;o
The gendered nature of much part..time work has implications for a number of
the employment standards cited in the Discussion Guide. In Part V we will
highlight those areas and make recommendations consistent with gender
equality and Manitoba's legal obligations.
IV. LEGAL CONTEXT:EQUALITY, HUJviAN RIGHTS, AND
MEANINGFUL PROTECTIONS FOR WORKERS
A. Domestic Law: Constitutional and Human Rights Obligations
The Canadian Charter of Rights and Freedoms is the supreme law of Canada 41
and any laws and government (in)action must be consistent with the Charter,
including s. 15 of the Charter, which provides:
(1) Every individual is equal before and under the law and has the right to the equal
protection of the Law and equal benefit of the law without discrimination and, in
particular, without discrimination based on race) m.tional or ethnic origin, colour,
religion, sex, age or mental or physical disability.
(2) Subsection 1 does not preclude any law, program or activity that has as its object
the amelioration of conditions of disadvantaged individuals or groups including those
37
Ibid. at 125.
38
Symes v. Canada, [1993] 4 S.C.R. 695 at 762-765.
39
19 C.H.R.R. D/39.
40
Sandra Fredman, Discrimination Law (Oxford: Oxford University Press, 2002) at 108.
41
Canadian Charter of Rights and Freedoms, s. 52(1), Part I of the Constitution Act, 1982, being
Schedule B to the Canada Act 1982 (U.K.), 1982, c. 11.