Brennan v. Canada and Robichaud, 29 July 1987
Annual Review of Population Law 14: 145
1987
ISSN/ISBN: 0364-3417 PMID: 12346629 Document Number: 383820
The appellant brought a complaint under the Canadian Human Rights Act against her supervisor and employer charging sexual discrimination in the form of sexual harassment. She complained that her supervisor had pressured her into sexual acts and threatened her with work-related consequences if she refused. The issue on appeal was whether the employer was liable for acts of its employee. The Supreme Court held that it was. It ruled a) that since the Act was primarily concerned with ending discrimination, rather than punishment, intent to discriminate was irrelevant; b) that the Act contemplated employer liability for acts of its employees; c) that only the employer could provide the most important remedy, a healthy work environment; and d) that the objectives of the Act would be nullified if the employer were not liable to make remedies.