C.N.R. v. Cdn. Human Rights Comm., 25 June 1987.
The complainant women employees appealed a lower court ruling that, although they had been discriminated against in employment by their employer, the creation of an affirmative action program setting a percentage of women to be hired was not an appropriate remedy under the Canadian Human Rights Act. The Court reversed this ruling. It held a) that the Act was to be given a fair, large, and liberal interpretation; b) that remedies under the Act were not limited at the prevention of future discrimination, but could be used as a remedy for past practices; c) that in not requiring proof of intent the Act was clearly designed to deal with systematic discrimination; and d) that systematic discrimination required systematic remedies, including specific hiring goals. The Court also rejected an appeal of the employer that there was not sufficient evidence to support a finding of discrimination.
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