Case information

Labour relations — Collective agreement — Discrimination and harassment claims arising from employment — Jurisdiction — Is Weber v. Ontario Hydro, [1995] 2 S.C.R. 929, still relevant given the roadblocks that it creates for access to justice, particularly by denying BIPOC (Black, Indigenous and other people of colour) workers control and power over the dispute resolution process? — Should the Ontario legislature’s decision to give claimants direct access to the courts for human rights disputes apply only to non unionized workers absent express and unequivocal language? — Should unionized employees in the public sector be barred from accessing the courts if the grievance process is practically unavailable to them and the Human Rights Tribunal of Ontario system is rife with delays and allegations of bias? — Human Rights Code, R.S.O. 1990, c. H.19, s. 46.1 — Crown Employees Collective Bargaining Act, 1993, S.O. 1993, c. 38, s. 7(3).

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The applicant, Hentrose Nelson, is employed by the Ontario Public Service (“OPS”) and is a member of the Association of Management, Administrative and Professional Crown Employees (“union”). In February 2019, Ms. Nelson commenced a civil action at the Ontario Superior Court of Justice against the Crown and union. Her claims were grounded in allegations of discrimination and harassment arising from her employment with the OPS. The Crown and union moved to dismiss Ms. Nelson’s action on the basis that the court does not have jurisdiction to hear the matter. The Ontario Superior Court of Justice agreed that it lacked jurisdiction to hear the matter and dismissed the action. Ms. Nelson appealed the decision; however, the Court of Appeal for Ontario dismissed the appeal.