Central Okanagan School District No. 23 v. Renaud

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Central Okanagan School District No. 23 v. Renaud

Supreme Court of Canada
Hearing:
Judgment:
Full case name: '
Citations: [1992] 2 S.C.R. 970
Docket No.: 21682
Court membership

Chief Justice: Antonio Lamer
Puisne Justices: Gérard La Forest, Claire L'Heureux-Dubé, John Sopinka, Charles Gonthier, Peter Cory, Beverley McLachlin, Frank Iacobucci, John C. Major
Reasons given

Unanimous reason by: Sopinka J.

Central Okanagan School District No. 23 v. Renaud, [1992] 2 S.C.R. 970 is a leading Supreme Court of Canada where the Court found that an employer was under a duty to accommodate the religious beliefs of employers to the point of undue hardship.

Contents

[edit] Background

Larry Renaud was a unionized custodian in the Central Okanagan School District and a practicing Seventh-day Adventist. Under an employee collective agreement Renaud was required to work on Friday evening, however, due to Renaud's faith he was forbidden from working Friday. He proposed several forms of accommodations where he would work Sunday to Thursday as a religious exception to the collective agreement. The school board rejected the alternatives and eventually terminated his employment.

Renaud brought a complaint on the grounds that the board violated section 8 of the British Columbia Human Rights Act for discrimination based on religion. The issues put to the Supreme Court was whether Renault was indirectly discriminated against and whether the school was under any duty to accommodate him.

[edit] Reasons of the Court

Justice Sopkina, writing for a unanimous Court, held that Reault was discriminated against. Sopinka found that an employer was under a duty to accommodate employees religious beliefs short of undue hardship even despite any collective agreement or private contract.

[edit] See also

[edit] External links

  • Full text of Supreme Court of Canada decision at LexUMand CanLII