Supreme Court Of Canada Confirms That The Duty To Accommodate Applies To Workers Injured At Their Workplace

On February 1, 2018, the Supreme Court of Canada1 confirmed the decision rendered by the Québec Court of Appeal on June 15, 2015, holding that the provisions of the Act respecting industrial accidents and occupational diseases (the"AIAOD") regarding the rehabilitation of injured workers and their reinstatement in their positions must be interpreted in light of the Québec Charter of Human Rights and Freedoms (the "Charter").

The AIAOD provides a complete compensation scheme for injured workers, but imposes no express duty on employers to accommodate such workers. The Supreme Court has nevertheless confirmed that the duty to accommodate is one of the central principles of the Charter, and one that must necessarily apply to the provisions of the AIAOD. The Supreme Court has thus upheld the principle that all statutes must be construed within the context of the Charter.

Employers are...