Central Okanagan School District No 23 V Renaud
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''Central Okanagan School District No 23 v Renaud'',
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2 SCR 970 is a leading
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, wh ...
decision where the Court found that an employer was under a duty to accommodate the religious beliefs of employees to the point of
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 o ...
.


Background

Larry Renaud was a unionized custodian in the Central Okanagan School District and a practicing
Seventh-day Adventist The Seventh-day Adventist Church is an Adventism, Adventist Protestantism, Protestant Christian denomination which is distinguished by its observance of Saturday, the Names of the days of the week#Numbered days of the week, seventh day of the ...
. Under a
collective agreement A collective agreement, collective labour agreement (CLA) or collective bargaining agreement (CBA) is a written contract negotiated through collective bargaining for employees by one or more trade unions with the management of a company (or with an ...
, Renaud was required to work on Friday evening. However, Renaud's faith forbade him from working sundown on Friday to sundown on Saturday. He proposed several forms of accommodations in which 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 the school 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 Renaud had been indirectly discriminated against and whether the school was under any duty to accommodate him.


Decision

Justice Sopkina, writing for a unanimous Court, held that there had been discrimination against Renaud. 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.


See also

*
Ontario (Human Rights Commission) v Simpsons-Sears Ltd ''Ontario (Human Rights Commission) v Simpsons-Sears Ltd'',
985 Year 985 (Roman numerals, CMLXXXV) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – Henry II, Duke of Bavaria, Henry II (the Wrangler) is rest ...
2 SCR 536 is a leading decision by the Supreme Court of Canada, which first acknowledged the existence of indirect discrimination through conduct that creates prejudicial effect. Ba ...
*
Seventh-day Adventist Church The Seventh-day Adventist Church is an Adventist Protestant Christian denomination which is distinguished by its observance of Saturday, the seventh day of the week in the Christian (Gregorian) and the Hebrew calendar, as the Sabbath, and ...


External links

* {{lexum-scc2, 1992, 2, 970, 81 Supreme Court of Canada cases History of the Seventh-day Adventist Church Religion in Canada 1992 in Canadian case law School districts in the Okanagan Regional District of Central Okanagan