British Columbia (Superintendent Of Motor Vehicles) V. British Columbia (Council Of Human Rights)
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British Columbia (Superintendent Of Motor Vehicles) V. British Columbia (Council Of Human Rights)
''British Columbia (Superintendent of Motor Vehicles) v British Columbia (Council of Human Rights)'', [1999] 3 S.C.R. 868, known as the Grismer Estate case, is a leading Supreme Court of Canada decision on human rights law. The Court held that the British Columbia Superintendent of Motor Vehicles was in violation of the provincial Human Rights Code for cancelling the driver's licence of Terry Grismer because he had a visual disability. Background Terry Grismer was a mining truck driver who, after suffering from a stroke in 1984, suffered from homonymous hemianopia (H.H.), a visual disability that reduces the scope of peripheral vision. After the stroke the Superintendent of Motor Vehicles cancelled his driver's licence on the grounds that his condition made him incapable of meeting the minimum standard for peripheral vision required when driving. This rule applied to all people who suffered from H.H. Grismer brought a complaint to the Human Rights Commission for discrimination again ...
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British Columbia Court Of Appeal
The British Columbia Court of Appeal (BCCA) is the highest appellate court in the province of British Columbia, Canada. It was established in 1910 following the 1907 Court of Appeal Act. The BCCA hears appeals from the Supreme Court of British Columbia and a number of boards and tribunals. The BCCA also hears criminal appeals from the Provincial Court of British Columbia where the proceedings in that court were by indictment. It will hear summary conviction appeals from the Supreme Court on criminal matters that originated in the Provincial Court. Statute restricts appeals on civil matters from the Provincial Court (Small Claims) to the Supreme Court. However, some Provincial Court civil matters may come before the BCCA on very narrow matters having to do with questions of administrative law or other unusual circumstances. The BCCA consists of 15 justices (including a Chief Justice) in addition to 9 supernumerary justices. All justices of the BCCA (including the position of C ...
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British Columbia (Public Service Employee Relations Commission) V
British Columbia (commonly abbreviated as BC) is the westernmost province of Canada. Situated between the Pacific Ocean and the Rocky Mountains, the province has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, forests, lakes, mountains, inland deserts and grassy plains. British Columbia borders the province of Alberta to the east, the territories of Yukon and the Northwest Territories to the north, and the US states of Washington, Idaho and Montana to the south and Alaska to the northwest. With an estimated population of over 5.3million as of 2023, it is Canada's third-most populous province. The capital of British Columbia is Victoria, while the province's largest city is Vancouver. Vancouver and its suburbs together make up the third-largest metropolitan area in Canada; with the 2021 census recording 2.6million people in Metro Vancouver. The first known human inhabitants of the area settled in British Columbia at least 10,000 years ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ...
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Homonymous Hemianopia
Hemianopsia, or hemianopia, is a visual field loss on the left or right side of the vertical midline. It can affect one eye but usually affects both eyes. Homonymous hemianopsia (or homonymous hemianopia) is hemianopic visual field loss on the same side of both eyes. Homonymous hemianopsia occurs because the right half of the brain has visual pathways for the left hemifield of both eyes, and the left half of the brain has visual pathways for the right hemifield of both eyes. When one of these pathways is damaged, the corresponding visual field is lost. Signs and symptoms Paris as seen with right homonymous hemianopsia Mobility can be difficult for people with homonymous hemianopsia. "Patients frequently complain of bumping into obstacles on the side of the field loss, thereby bruising their arms and legs." People with homonymous hemianopsia often experience discomfort in crowds. "A patient with this condition may be unaware of what he or she cannot see and frequently bumps ...
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Meiorin Case
''British Columbia (Public Service Employee Relations Commission) v British Columbia Government Service Employees' Union'' 9993 SCR 3, – called ''Meiorin'' for short – is a Supreme Court of Canada case that created a unified test to determine if a violation of human rights legislation can be justified as a ''bona fide'' occupational requirement (BFOR). Background Before ''Meiorin'', Human Rights violations were treated in one of two ways; either as "direct discrimination", pursuant to the analysis in ''Ontario (Human Rights Commission) v Etobicoke (Borough of)'', 9821 SCR 202; or as "adverse effects discrimination", pursuant to the analysis in ''Ontario (Human Rights Commission) v Simpsons-Sears Ltd'', 9852 SCR 536. Academic writing deeply criticized this bifurcation of analysis as arbitrary and unhelpful in protecting equality rights. With the ''Meiorin'' case, the court decided to confront this criticism and refashion the analysis. Facts Tawney Meiorin was emplo ...
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Bona Fide Occupational Requirement
In employment law, a ''bona fide'' occupational qualification (BFOQ) (US) or ''bona fide'' occupational requirement (BFOR) (Canada) or genuine occupational qualification (GOQ) (UK) is a quality or an attribute that employers are allowed to consider when making decisions on the hiring and retention of employees—a quality that when considered in other contexts would constitute discrimination in violation of civil rights employment law. Such qualifications must be listed in the employment offering. Canada The law of Canada regarding ''bona fide'' occupational requirements was considered in a 1985 Canadian court case involving an employee of the Canadian National Railway, K. S. Bhinder, a Sikh whose religion required that he wear a turban, lost his challenge of the CNR policy that required him to wear a hard hat. In 1990, in deciding another case, the Supreme Court of Canada amended the ''Bhinder'' decision: "An employer that has not adopted a policy with respect to accommodation ...
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Undue Hardship
An undue hardship is an American legal term referring to special or specified circumstances that partially or fully exempt a person or organization from performance of a legal obligation so as to avoid an unreasonable or disproportionate burden or obstacle.Convention on the Rights of Persons with Disabilities, Article 2 For example, employers are required to provide a reasonable accommodation to qualified individuals with disabilities, but when an accommodation becomes too taxing on the organization it is classified as an undue hardship and is no longer required. These hardships include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation. See also * Central Alberta Dairy Pool v. Alberta (Human Rights Commission) * Central Okanagan School District No. 23 v. Renaud * British Columbia (PSERC) v. BCGSEU * Carnival Cruise Lines, Inc. v. Shute * British Columbia (Superintendent of Motor Vehicles) ...
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Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from t ...
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1999 In Canadian Case Law
File:1999 Events Collage.png, From left, clockwise: The Death and state funeral of King Hussein, funeral procession of King Hussein of Jordan in Amman; the 1999 İzmit earthquake kills over 17,000 people in Turkey; the Columbine High School massacre, one of the first major List of school shootings in the United States by death toll, school shootings in the United States; the Year 2000 problem ("Y2K"), perceived as a major concern in the lead-up to the year 2000; the Millennium Dome opens in London; online music downloading platform Napster is launched, soon a source of Online piracy, online piracy; NASA loses both the Mars Climate Orbiter and the Mars Polar Lander; a destroyed t-55, T-55 tank near Prizren during the Kosovo War., 300x300px, thumb rect 0 0 200 200 Death and state funeral of King Hussein rect 200 0 400 200 1999 İzmit earthquake rect 400 0 600 200 Columbine High School massacre rect 0 200 300 400 Kosovo War rect 300 200 600 400 Year 2000 problem rect 0 400 200 600 Mars ...
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Canadian Civil Rights Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ...
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Anti-discrimination Law In Canada
Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, religion, disability, or sexual orientation, as well as other categories. Discrimination especially occurs when individuals or groups are unfairly treated in a way which is worse than other people are treated, on the basis of their actual or perceived membership in certain groups or social categories. It involves restricting members of one group from opportunities or privileges that are available to members of another group. Discriminatory traditions, policies, ideas, practices and laws exist in many countries and institutions in all parts of the world, including territories where discrimination is generally looked down upon. In some places, attempts such as quotas have been used to benefit those who are believed to be current or past victims ...
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Disability Law In Canada
Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be Cognitive disability, cognitive, Developmental disability, developmental, Intellectual disability, intellectual, mental disorder#Disability, mental, physical disability, physical, Sense, sensory, or a combination of multiple factors. Disabilities can be present from birth or can be acquired during a person's lifetime. Historically, disabilities have only been recognized based on a narrow set of criteria—however, disabilities are not binary and can be present in unique characteristics depending on the individual. A disability may be readily visible, or Invisible disability, invisible in nature. The United Nations Convention on the Rights of Persons with Disabilities defines disability as: Disabilities have been perceived differently throughout history, through a variety of different theoretical len ...
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