BenchPress--Vol 40-5.

• Author: Mitchell, Teresa

1. Miscarriage as a Workplace Disability

   The Ontario Human Rights Tribunal has issued a decision stating that a miscarriage can be a disability. Winnie Mou was dismissed from her position after failing to meet work targets. She had missed three weeks of work due to a deep tissue injury, and several months later had a miscarriage and fell into a deep depression. She alleged workplace discrimination on the basis of disability. Her employer sought to dismiss her claim, arguing that in order for an injury or illness to constitute a disability, there must be an aspect of permanence and persistence to the condition. Adjudicator Jennifer Scott disagreed, writing: "I also find that the applicant's miscarriage is a disability...It...is not a common ailment and it is certainly not transitory. It is clear from applicant's testimony that she continues to experience significant emotional distress from the miscarriage even today." She ruled that Ms Mou had established a disability under the Ontario Human Rights Code.

   Wenying (Winnie) Mou v. MHPM Project Leaders, 2016 HRTO 327 (CanLII)

   http://www.canlii.org/en/on/onhrt/doc/2016/2016hrto327/2016hrto327.html

2. Mandatory Minimums are Cruel and Unusual

   The Supreme Court of Canada recently struck down a mandatory minimum sentence for repeat drug traffickers. The case involved a young man who had a prior drug offence conviction within ten years of his second offence and was addicted to crack, heroin and crystal meth. He was living in downtown East Vancouver and sold small amounts of drugs to his friends to support his addiction. Justice Beverley McLachlin wrote: "At one end of the range of conduct caught by the mandatory minimum sentence provision stands a professional drug dealer who engages in the business of dangerous drugs for profit, who is in possession of a large amount of drugs, and who has been convicted many times for similar offences. At the other end of the range stands the addict who is charged for sharing a small amount of drugs with a friend or spouse and finds herself sentenced to a year in prison because of a single conviction for sharing marijuana in a social situation nine years before. Most Canadians would be shocked to find that such a person could be sent to prison for one year". The Court found that the sentence violated s. 12 of the Charter of Rights, in that it was cruel and unusual punishment.

   v. Lloyd, 2016 SCC 13 (CanLII)

   http://www.canlii.org/en/ca/scc/doc/2016/2016scc13/2016scc13.ht...