Canada Safeway Ltd. v. Steel and Human Rights Commission (Man.), (1984) 29 Man.R.(2d) 154 (CA)

• Judge: Monnin, C.J.M., Matas and O'Sullivan, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: October 17, 1984
• Jurisdiction: Manitoba
• Citations: (1984), 29 Man.R.(2d) 154 (CA)

Can. Safeway Ltd. v. Steel (1984), 29 Man.R.(2d) 154 (CA)

MLB headnote and full text

Canada Safeway Limited v. Steel (as a Board of Adjudication) and Manitoba Human Rights Commission

Indexed As: Canada Safeway Ltd. v. Steel and Human Rights Commission (Man.)

Manitoba Court of Appeal

Monnin, C.J.M., Matas and O'Sullivan, JJ.A.

October 17, 1984.

Summary:

Canada Safeway Limited had a policy that prohibited male employees from having beards. The Manitoba Food and Commercial Workers, Local 832, complained under the Manitoba Human Rights Act that the "no beards" policy was discrimination against male employees because of their sex. A board of adjudication held that the policy constituted discrimination on the basis of sex contrary to the Act and ordered that Canada Safeway Limited no longer require male food clerks to be clean shaven. Canada Safeway appealed.

The Manitoba Court of Queen's Bench, in a decision reported in (1984), 27 Man.R.(2d) 79, allowed the appeal and held that the "no beard" policy constituted discrimination against men because of their sex but that the policy was a "reasonable occupational qualification" and therefore not contrary to the Act. The Human Rights Commission appealed.

The Manitoba Court of Appeal dismissed the appeal.

Civil Rights - Topic 987

Discrimination - Employment - On basis of sex - No beards policy - The Manitoba Court of Appeal held that a grocery store's no beards policy was a grooming policy and not a matter of sexual discrimination; therefore, the no beards policy did not contravene s. 6(1)(a) of the Manitoba Human Rights Act.

Statutes Noticed:

Human Rights Act, S.M. 1974, c. 65; C.C.S.M., c. H-175, sect. 6(1)(a).

Counsel:

C.M. Sinclair, for the Manitoba Human Rights Commission;

R.J. Hansell, Q.C., for Canada Safeway Limited.

This appeal was heard on October 17, 1984, before Monnin, C.J.M., Matas and O'Sullivan, JJ.A., of the Manitoba Court of Appeal. The following decision of the Court of Appeal was delivered by Monnin, C.J.M., on October 17, 1984: