PSAC has filed a lawsuit in federal court seeking the removal of the limits on damages for human rights violations under Canada’s human rights law. The union challenges these restrictions, which violate the constitutional right to equality.

Under Canada’s human rights law, federal officials who are victims of discrimination in the workplace are entitled to financial compensation, but the amount is limited. In fact, since 1998, an employee who has suffered moral prejudice can claim a maximum of $20,000. The court may also order the employer to pay the victim additional compensation up to a maximum of $20,000 if it determines the act was intentional or negligent.

While there is a cap on human rights harm, there is no limit to the amount of compensation a court can order for any other misconduct by the employer. When an employee is the victim of discrimination – whether for sexism, racism, disability or any other prohibited ground – the consequences for their work, personal life and health can be enormous. Therefore, the sum of $40,000 is insufficient to compensate for the pain and suffering of a person who is the victim of an intentional or reckless discriminatory act on the part of their employer. This is all the more true as these limits have not been adjusted for inflation since they were introduced 25 years ago.

The fact that the law limits the compensation to which a victim of employment discrimination is entitled is itself discriminatory. Result: The person is punished twice.

For this reason, the PSAC has decided to challenge the cap on damages set out in the Act as violating the rights guaranteed in the Canadian Charter of Rights and Freedoms. The PSAC therefore submitted An explanation together with a hearing of evidence, including expert affidavits. The government presented his defense and should also submit his evidence in due course. The date of the hearing has not yet been set.

Info :

Read the PSAC statement
Unfortunately, the statement is currently only available in English.

Read the government’s defense
Unfortunately, the defense is currently only available in English.