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6 Hum. Rts. Dig. 1 (2005)

handle is hein.journals/hurtsdg6 and id is 1 raw text is: VOLUME 6 NUMBER 1

Human Rights D igest

January 2005

Government Plan Discriminates Against Alcoholics

Decisions Noted

Government Plan Discriminates
Against Alcoholics  ............. 1
Complainant Not Fired for
A lcoholism  ................... 3
Kemosabe Not Discriminatory..... 3
Complaint Against Law Society
is  T im ely  . ... ... .... ... ... ... . 4
Panel Applied the Wrong Test....... 5
$10,000 Awarded for Injury
to  D ignity  .................... 5
Insurance Company Discriminates
Against Foster Parent........... 6
Discrimination Because of
M aternity  Leave............... 7
Complaint Summarily Dismissed ..... 7
No Summary Dismissal for
Complaint About Anti-Semitism . . 7
Tribunal Refuses to Summarily
Dismiss Race Complaint......... 8
Wrong Comparator Chosen ........ 8
Not a Service Available to the Public. . 9
Commission Failed to Follow Court
O rder   .......................9
Inside  Page  ...................2
Briefly Noted .............. 10
Ordering  ....................12

DISABILITY - BENEFITS - disability
benefits terminated on the basis of alco-
holism - discriminatory treatment in em-
ployment on the basis of alcoholism -
discriminatory condition imposed on dis-
abled employee - disability includes al-
coholism - DISCRIMINATION - defini-
tion of discrimination
APPEALS AND JUDICIAL REVIEW - er-
ror of law in interpreting case law
The Saskatchewan Court of Appeal ruled
that the Government of Saskatchewan's
Disability Income Plan discriminates against
alcoholics.
In May 1994 the Public Employees Ben-
efits Agency discontinued payment of dis-
ability benefits to Norman Lloyd Browning,
an employee of the Government of Sas-
katchewan. As justification for this, the
Agency relied on clause 6(e) in the employ-
ees' disability income plan which states that
no benefits will be provided for a disability,
which is caused or contributed to by
chronic alcoholism ... unless the employee
is under active treatment for rehabilitation
under the supervision of a physician and
with the approval of his ... employer. Un-
der the Disability Income Plan persons with
other disabilities are required only to have a

medical examination and co-operate with
prescribed treatment to be eligible for ben-
efits.
The Board of Inquiry ruled (43 C.H.R.R.
D/190) that the plan set a different stan-
dard for employees disabled by chronic al-
coholism than for employees with other
disabilities, and concluded that it violated
The Saskatchewan Human Rights Code.
On appeal by the Government of Sas-
katchewan, the Court of Queen's Bench
upheld this decision (45 C.H.R.R. D/260).
In the Court of Appeal the Government
of Saskatchewan argued that the Plan was
not discriminatory. The conditions were dif-
ferent for persons with chronic alcoholism
because of the difference between alcohol-
ism and other disabilities. The Court of Ap-
peal rejected this. It found that alcoholics
are a vulnerable minority who are stereo-
typed and discriminated against. Alcoholics,
like others with disabilities, are in need of
protection from the effects of income loss.
The Court accepted the Government's
argument that denial is a characteristic of
alcoholism. But it found that refusing bene-
fits to an alcoholic because he has not ac-
knowledged his disability imposes an extra
burden on the alcoholic that is not imposed
continued on page 3
Bg

1         Key Words
[A]l Ithough denial may be a common characteristic of alcoholism, refusing cov-
erage to those persons who have not yet recognized that they have a problem
imposes a burden or disadvantage on the disabled alcoholic that is not im-
posed upon other disabled persons seeking coverage under the plan.
Cited: Saskatchewan (Dept. of Finance) v. Saskatchewan (Human Rights Comm.) (2004),
CHRR Doc. 04-300, 2004 SKCA 134 (Vancise, Gerwing and Jackson JJ.A. at § 24

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