Supreme Court of Canada decisions: Precise date of emergence of pay equity

The Supreme Court of Canada released the following decisions:


Quebec (Attorney General) v. Alliance du personnel professionnel et technique de la santé et des services sociaux, 2018 SCC 17, File no. 37347


Case brief


Centrale des syndicats du Québec v. Quebec (Attorney General), 2018 SCC 18, File no. 37002


Case brief


(Constitutional law — Charter of Rights  — Right to equality — Discrimination based on sex — Pay equity — Amendments to legislative scheme addressing systemic wage discrimination — suffered essentially by women — by replacing continuous obligation to maintain pay equity with obligation to conduct audits every five years without retroactive adjustment to date of emergence of pay inequity Whether s. 76.5 of Pay Equity Act, under which compensation adjustment is payable only from date of posting of results of audit process, and s. 103.1 para. 2, which bars Pay Equity Commission from assessing adjustment payments prior to posting, violate s. 15  of Charter  — Whether s. 76.3, which does not require inclusion of precise date of emergence of pay inequity in audit posting, violates s. 15  of Charter  — If so, whether infringement justifiable — Pay Equity Act, CQLR, c. E‑12.001, ss. 76.3, 76.5, 103.1 para. 2 — Canadian Charter of Rights and Freedoms, ss. 1 , 15 .)