Workers' Compensation Board (Sask.) v. Human Rights Commission (Sask.), (1998) 169 Sask.R. 316 (QB)

• Judge: Wimmer, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: July 02, 1998
• Jurisdiction: Saskatchewan
• Citations: (1998), 169 Sask.R. 316 (QB)

WCB v. HRC (1998), 169 Sask.R. 316 (QB)

MLB headnote and full text

Temp. Cite: [1998] Sask.R. TBEd. JL.039

In The Matter Of the Saskatchewan Human Rights Code and in the Matter of a Human Rights Complaint initiated by Crystal Sjodin against the Workers' Compensation Board

The Workers' Compensation Board (applicant) v. Alma Wiebe (Board of Inquiry) and The Saskatchewan Human Rights Commission (respondents)

(1998 Q.B.G. No. 616)

Indexed As: Workers' Compensation Board (Sask.) v. Human Rights Commission (Sask.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Wimmer, J.

July 2, 1998.

Summary:

Sjodin began receiving workers' compen­sa­tion benefits in March 1993. Surgery sched­uled for July 1993 was postponed because Sjodin was pregnant. The Workers' Compen­sation Board (WCB) suspended Sjodin's benefits because the postponement of surgery resulted from a non-work related condition. Benefits were reinstated after Sjodin had the surgery in July 1994. Sjodin filed a com­plaint with the Saskatchewan Human Rights Commission alleging that the suspension of benefits was a denial of ser­vices offered to the public and that she was discriminated against on the basis of sex. The Commission appointed a Board of Inquiry. The WCB applied for an order prohibiting the Board of Inquiry from hear­ing the complaint and quashing the Com­mission's decision to direct a formal inquiry.

The Saskatchewan Court of Queen's Bench dismissed the application.

Civil Rights - Topic 936

Discrimination - Government programs - Workers' compensation - Sjodin received workers' compensation benefits - Sched­uled surgery was postponed because Sjodin was pregnant - The Workers' Compensa­tion Board (WCB) suspended Sjodin's benefits because the postponement of surgery resulted from a non-work related condition - Sjodin complained to the Saskatchewan Human Rights Commission alleging that the suspension of benefits was a denial of services offered to the public and that she was discriminated against on the basis of sex - The Com­mission appointed a Board of Inquiry - The WCB sought an order prohibiting the Board of Inquiry from hearing the com­plaint - The WCB argued, inter alia, that it could not be liable under the Code for making adjudicative decisions as required by the Workers' Compensation Act - The Saskatchewan Court of Queen's Bench rejected the argument - While the WCB no doubt acted in accordance with its policy, the question was whether the policy dis­criminated on the basis of sex - See para­graph 10.

Civil Rights - Topic 964

Discrimination - Facilities and services customarily available to the public - What constitutes a public service or facility - The Saskatchewan Court of Queen's Bench held that the payment of benefits by the Workers' Compensation Board was a pro­vision of a "service" within the meaning of the Saskatchewan Human Rights Code - It was of no import that s. 12 of the Code included the phrase "to which the public is customarily admitted or which are offered to the public" - A program fell within the ambit of a "service" provided it was a program of general application available to all who qualified - Even though workers' compensation was not offered to every member of the public, it was a service equally available to all who qualified - See paragraphs 8 to 9.

Civil Rights - Topic 964.1

Discrimination - Facilities and services customarily available to the public - What constitutes a service or facility - [See Civil Rights - Topic 964 ].

Civil Rights - Topic 7070.1

Federal or provincial legislation - Com­mis­sions or boards - Jurisdiction - Com­plaints - Bars - Sjodin complained to the Saskatchewan Human Rights Commission alleging that the suspension of her wage loss benefits by the Workers' Compensa­tion Board (WCB) was a denial of services offered to the public and that she was discriminated against on the basis of sex - The Commission appointed a Board of Inquiry - The WCB sought an order pro­hibiting the Board of Inquiry from hearing the complaint - The WCB argued, inter alia, that the inquiry should not be allowed to proceed because Sjodin did not exhaust her appeal remedies with the WCB - The Saskatchewan Court of Queen's Bench held that a person alleging a violation of the Human Rights Code need not exhaust other remedies before filing a complaint with the Commission - See paragraph 14.

Civil Rights - Topic 7081

Federal or provincial legislation - Boards of inquiry - General - Sjodin complained to the Saskatchewan Human Rights Com­mission alleging that the suspension of her wage loss benefits by the Workers' Com­pensation Board (WCB) was a denial of services offered to the public and that she was discriminated against on the basis of sex - The Commission appointed a Board of Inquiry - The WCB sought an order prohibiting the Board of Inquiry from hearing the complaint - The WCB argued, inter alia, that the establishment of a Board of Inquiry offended s. 96 of the Constitu­tion Act, 1867, by conferring upon it the authority of a superior, district or county court - The Saskatchewan Court of Queen's Bench rejected the argument - See paragraphs 11 to 13.

Constitutional Law - Topic 8613

Judicial power - Appointment of judges - S. 96 - Provincial human rights legislation - [See Civil Rights - Topic 7081 ].

Cases Noticed:

Jenkins v. Workers' Compensation Board (P.E.I.) (1986), 61 Nfld. & P.E.I.R. 206; 185 A.P.R. 206; 31 D.L.R.(4th) 536 (P.E.I.C.A.), refd to. [para. 6].

Workers' Compensation Board (N.S.) v. O'Quinn et al. (1995), 147 N.S.R.(2d) 28; 426 A.P.R. 28; 131 D.L.R.(4th) 318 (C.A.), folld. [para. 7].

Human Rights Commission (Sask.) and Chambers v. Saskatchewan (Minister of Social Services) (1988), 72 Sask.R. 115; 52 D.L.R.(4th) 253 (C.A.), consd. [para. 8].

Scowby et al. v. Glendinning et al., [1986] 2 S.C.R. 226; 70 N.R. 241; 51 Sask.R. 208, refd to. [para. 11].

Residential Tenancies Act of Ontario, Re, [1981] 1 S.C.R. 714; 37 N.R. 158; 123 D.L.R.(3d) 554, refd to. [para. 12].

Scowby et al. v. Glendinning, [1983] 4 W.W.R. 97; 23 Sask.R. 16 (C.A.), folld. [para. 13].

Workers' Compensation Board (B.C.) v. Council of Human Rights (B.C.) (1990), 70 D.L.R.(4th) 720 (B.C.C.A.), folld. [para. 13].

Statutes Noticed:

Human Rights Code (Sask.) - see Saskatchewan Human Rights Code.

Saskatchewan Human Rights Code, S.S. 1979, c. S-24.1, sect. 12(1) [para. 3].

Authors and Works Noticed:

Hogg, Peter W., Constitutional Law of Canada (Looseleaf Ed.), vol. 1, p. 7-32 [para. 12].

Counsel:

R.G. Richards, for the applicant;

M.C. Woodard, Q.C., for the respondents.

This application was heard before Wim­mer, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following judgment on July 2, 1998.