Pay equity delay for women employed in workplaces without male comparators was discriminatory

Delay in implementing pay equity scheme. Quebec legislature adopted Act designed to set out pay equity scheme for all predominately female job classes. However, pay equity for workplaces without male comparators had to be postponed for almost six years. Several unions challenged that delay, arguing that it amounted to breach of s. 15(1) of Canadian Charter of Rights and Freedoms. Trial judge found that delay did not violate s. 15 as it was not based on sex, but rather on absence of male comparator. Court of Appeal of Quebec confirmed trial judge’s decision and unions appealed. Appeal dismissed. Six-year pay equity delay for women employed in workplaces without male comparators drew distinction on basis of sex that was discriminatory. This amounted to a prima facie breach of s. 15(1) of Charter. However, delay in developing and implementing credible methodology was rationally connected to objective of creating possibility of effective remedy. Delay impaired equality rights as little as reasonably necessary to create possibility of effective remedy. Evidence showed that strategies for implementation were developed on multiple fronts. Evidence also showed that Quebec was not unreasonable in trying to keep delay within reasonable bounds. While delay was serious and regrettable, it had long-term benefit of resulting in Act’s meaningful ability to address pay discrimination. Therefore, prima facie breach was justified under s. 1.

Centrale des syndicats du Québec c. Québec (Procureure générale) (2018), 2018 CarswellQue 3614, 2018 CarswellQue 3615, 2018 SCC 18, 2018 CSC 18, McLachlin C.J.C., Abella J., Moldaver J., Karakatsanis J., Wagner J., Gascon J., Côté J., Brown J., and Rowe J. (S.C.C.); affirmed (2016), 2016 CarswellQue 1852, 2016 QCCA 424, St-Pierre J.C.A., Émond J.C.A., and Vézina J.C.A. (C.A. Que.).