Background
Before Meiorin, Human Rights violations were treated in one of two ways; either as direct discrimination pursuant to the analysis in Ontario Human Rights Commission v. Borough of Etobicoke 1 S.C.R. 202, or as adverse effects discrimination pursuant to the analysis in O'Malley v. Simpson-Sears 2 S.C.R. 536. Academic writing deeply criticized this bifurcation of analysis as arbitrary and unhelpful in protecting equality rights. With the Meiorin case, the court decided to confront this criticism and refashion the analysis.
Read more about this topic: British Columbia (PSERC) V. BCGSEU
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