View cases - Stewart McKelvey

Health Sciences Assoc. of B.C. v. Campbell Riverand North Island Transition Society Page 2Reasons for Judgment of the Honourable Mr. Justice Low:[1] This is an appeal from a decision of an arbitratorappointed under a collective agreement to adjudicate agrievance brought by the appellant union on behalf of one ofits members, an employee of the respondent transition society.The parties are agreed that this court has jurisdiction tohear the appeal under s. 100 of the Labour Relations Code,2004 BCCA 260 (CanLII)R.S.B.C. 1996, c. 244. There is a general issue of lawinvolved that is not included in s. 99(1).[2] The legal issue turns on the meaning and scope of theterm “family status” found in s. 13(1) of the Human RightsCode, R.S.B.C. 1996, c. 210 (“the Code”). That provisionreads:13(1) A person must not(a) refuse to employ or refuse tocontinue to employ a person,(b) discriminate against a personregarding employment or any term orcondition of employmentbecause of the race, colour, ancestry,place of origin, political belief,religion, marital status, family status,physical or mental disability, sex, sexualorientation or age of that person orbecause that person has been convicted ofa criminal or summary conviction offencethat is unrelated to the employment or tothe intended employment of that person.