Brooks v Canada Safeway Ltd

Supreme court of Canada in summer

Brooks v Canada Safeway Ltd (1989 Supreme Court of Canada case) is a landmark decision in Canadian labour law and employment law, particularly in the area of discrimination based on gender and pregnancy. The case addressed the issue of whether a health benefit plan, which excluded pregnancy from its sickness or accident benefits, violated the Canadian Human Rights Act.

Background

The plaintiffs, Patricia Brooks, Patricia Allen, and Susan Dixon, were employees of Canada Safeway Ltd. They became pregnant and applied for sickness benefits under the company's health benefit plan. However, the plan explicitly excluded pregnancy from its definition of "sickness" or "accident," thereby denying benefits to pregnant employees. The plaintiffs argued that this exclusion constituted discrimination on the basis of sex, in violation of the Canadian Human Rights Act.

Judgment

The Supreme Court of Canada ruled in favor of the plaintiffs, finding that the exclusion of pregnancy from the health benefit plan was discriminatory. The Court held that pregnancy should be covered under sickness or accident benefits, as the exclusion constituted discrimination based on gender. This decision was significant in recognizing pregnancy discrimination as a form of sex discrimination, thereby extending protections to pregnant employees under Canadian law.

Significance

Brooks v Canada Safeway Ltd is considered a pivotal case in the development of Canadian employment law and the protection of workers' rights, particularly in relation to gender equality and the rights of pregnant employees. It established a precedent that health benefit plans and other employment policies must not discriminate on the basis of pregnancy, reinforcing the principle that such discrimination is a form of sex discrimination.

Impact

Following this decision, employers across Canada were required to revise their health benefit plans and other related policies to ensure compliance with the ruling. It also led to increased awareness and recognition of the rights of pregnant employees in the workplace, contributing to the broader movement for gender equality in employment.

See Also

• Canadian Human Rights Act
• Discrimination
• Employment law
• Gender equality
• Pregnancy discrimination