File No.: 30323

SUPREME COURT OF CANADA
(On Appeal from the Federal Court of Appeal)

BETWEEN:

AIR CANADA

Appellant

- and -

CANADIAN HUMAN RIGHTS COMMISSION

Respondent

- and -

CANADIAN UNION OF PUBLIC EMPLOYEES
(AIRLINE DIVISION)

Respondent

FACTUM OF THE RESPONDENT,
CANADIAN HUMAN RIGHTS COMMISSION

TABLE OF CONTENT

COPIES SENT TO

PART I - STATEMENT OF FACTS 

Nature of the Appeal
CUPE's Pay Equity Complaints

PART II - QUESTIONS IN ISSUE

PART III - STATEMENT OF ARGUMENT

Standard of Review
This Appeal Only Concerns Human Rights Legislation and its Proper Interpretation
Occupational Segregation and Pay Inequity
Section 11 Was Passed to Address, Inter Alia, Occupational Segregation
The Purpose of the Establishment Requirement in Section 11
The Development of Guidelines Dealing with Establishment
Section 10 of the Guidelines

The Use of the Word "Include"
"Notwithstanding Any Collective Agreement Applicable to Any Employees of the Establishment"

The Practical Impact of a Functional Approach
No Conflict Between Human Rights Legislation and Labour Legislation
Conclusion

PART IV - COSTS

PART V - ORDERS SOUGHT

PART VI - TABLE OF AUTHORITIES

PART VII - STATUTORY PROVISIONS