Brooks v Canada Safeway Ltd

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Brooks v Canada Safeway Ltd

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Hearing: June 15, 1988
Judgment: May 4, 1989
Full case nameSusan Brooks v. Canada Safeway Limited;
Patricia Allen and Patricia Dixon and the Manitoba Human Rights Commission v. Canada Safeway Limited
Citations [1989] 1 S.C.R. 1219
Docket No. 20131
Prior history Judgment for Safeway in the Manitoba Court of Appeal.
Ruling Appeal allowed.
Holding
Denial of employee benefit to women on leave for pregnancy is discrimination.
Court Membership
Chief Justice: Brian Dickson
Puisne Justices: Jean Beetz, Willard Estey, William McIntyre, Antonio Lamer, Bertha Wilson, Gerald Le Dain, Gérard La Forest, Claire L'Heureux-Dubé
Reasons given
Unanimous reasons by Dickson C.J.
Lamer, Le Dain, and McLachlin JJ. took no part in the consideration or decision of the case.

Brooks v Canada Safeway Ltd [1989] 1 S.C.R. 1219 is a leading Supreme Court of Canada decision on employer discrimination of pregnant employees. The Court found that Safeway violated the provincial Human Rights Act by failing to provide equal compensation for those who missed work due to pregnancy. This decision overturned the controversial case of Bliss v. Attorney General of Canada , [1979].

Supreme Court of Canada highest court of Canada

The Supreme Court of Canada is the highest court of Canada, the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. Its decisions are the ultimate expression and application of Canadian law and binding upon all lower courts of Canada, except to the extent that they are overridden or otherwise made ineffective by an Act of Parliament or the Act of a provincial legislative assembly pursuant to section 33 of the Canadian Charter of Rights and Freedoms.

Pregnancy time when children develop inside the mothers body before birth

Pregnancy, also known as gestation, is the time during which one or more offspring develops inside a woman. A multiple pregnancy involves more than one offspring, such as with twins. Pregnancy can occur by sexual intercourse or assisted reproductive technology. Childbirth typically occurs around 40 weeks from the last menstrual period (LMP). This is just over nine months, where each month averages 31 days. When measured from fertilization it is about 38 weeks. An embryo is the developing offspring during the first eight weeks following fertilization, after which, the term fetus is used until birth. Symptoms of early pregnancy may include missed periods, tender breasts, nausea and vomiting, hunger, and frequent urination. Pregnancy may be confirmed with a pregnancy test.

Safeway is a Canadian supermarket chain of 183 full service supermarket stores in Western Canada.

In 1982, Susan Brooks, Patricia Allen and Patricia Dixon were all part-time cashiers at Safeway who became pregnant. The Safeway insurance plan that provided benefits for loss of pay due to accident or sickness did not give full benefits for 17 weeks for those who were unable to work due to pregnancy. The three women brought claims against Safeway for discriminating on the basis of pregnancy for discrimination based on sex. The Court held unanimously that the insurance policy was discriminating against pregnant women.

See also

Canadian labour law is that body of law which regulates the rights, restrictions obligations of trade unions, workers and employers in Canada. Canadian employment law is that body of law which regulates the rights, restrictions obligations of non-unioned workers and employers in Canada.


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