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Federal Court of Appeal upholds Johnstone decision

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Publication Date: 
2 Jul 2014



On June 26, 2014, Canada Border Services Agency notified Fiona Johnstone that it is not seeking leave to appeal her case to the Supreme Court of Canada.


The Johnstone v Canada Border Services Agency (CBSA) case concerned an employee (Fiona Johnstone) who complained that her employer (CBSA) had discriminated against her by refusing her request for regular shifts so that she could to make ongoing child care arrangements. In 2010, the Canadian Human Rights Tribunal found in Johnstone's favour. The CBSA appealed to the Federal Court, which upheld the Tribunal's decision in 2013. The CBSA appealed again; the case was heard by the Federal Court of Appeal, which has now delivered its judgement to uphold the decision made by the Canadian Human Rights Tribunal. 

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