The Arbitration of Human Rights Issues in Canada ? Canadian Human Rights Tribunals

March 16, 2012

Synopsis By:
Proceeding Author:
James C. Oakley, Owen V. Gray, David Starkman
 

In Canada, legislated rights are considered to be incorporated into every collective agreement, and an arbitrator has the jurisdiction to apply those rights and provide remedies for their breach. The Ontario Human Rights Code provides that the same rights can be adjudicated by the Human Rights Tribunal of Ontario. (?HRTO?) This paper describes recent decisions by the HRTO’s in reviewing of arbitrator’s decisions, and by the Supreme Court of Canada.


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