Vriend v. Alberta: A Landmark Case in Canadian Human Rights Law
Introduction
Arguably, nothing has ever changed the fate of human rights in Canada like Vriend v. Alberta, which was made by the Supreme Court in 1998. This case examined discrimination based on sexual orientation and its accommodation under Canadian law.
Background of the Case
Delwin Vriend, a lab coordinator at King’s College in Edmonton, Alberta lost his job because of his homosexuality. However, Delwin failed to make a complaint to Alberta Human Rights Commission as according to Alberta Individual Rights Protection Act homosexuality was not recognized as a ground for discrimination.
Key Issues and Supreme Court Ruling
The Supreme Court considered whether exclusion of sexual orientation from the Alberta Individual Rights Protection Act violated Section 15 of the Canadian Charter of Rights and Freedoms or if such breach could be defended under Section 1 of the Charter. The decision went in favour of Vriend bringing with it huge changes concerning gay rights being protected under Canadian human rights legislation.
Implications of the Ruling
This judgment is viewed as a zenith mark for judicial activism in Canada since it goes beyond just recognizing LGBTQ+ rights and lays out how omissions by legislature are handled under the Charter.
Dissenting Opinion
Justice John C. Major dissented suggesting that instead of “reading in” a provision for sexual orientation, he would have declared the Act null and void wholely unconstitutional.
