Author: Leanne Monsma

On December 15, 2017, the Supreme Court of Canada released its decision in British Columbia Human Rights Tribunal v Schrenk (“Schrenk”). This paper examines how decision makers across Canada have interpreted and applied Schrenk over the last five years and addresses the following questions:

• Are decision makers properly applying the majority’s decision?
• Are any decision makers following the concurring or the dissenting reasons?
• Has the reasoning in Schrenk been applied to any other protected area of discrimination?
• What impact has Schrenk had on human rights law, and in particular, has the decision affected the volume of complaints that human rights tribunals and commissions receive?

This paper was presented at LESA’s Human Rights Protections After Schrenk webinar on May 24, 2023.