Woman awarded $2,000 after being fired because of marriage to inmate

Saskatchewan (Human Rights Commission) v. Prince Albert Elks Club Inc., [2002] S.J. No. 552 (Sask. C.A.)

Heather Ennis worked as the club manager of the Prince Albert Elks Club for two weeks. Her employment was terminated for cause after the club discovered she was married to a prison inmate. Her husband, David Ennis, was a convicted murderer. The issue before the court was whether the club’s actions constituted discrimination against her based on marital status contrary to the Saskatchewan Human Rights Code.

The club was concerned because 18 per cent of its members were corrections and police officers and it was believed that if she overheard casual conversation and then passed it on to her husband, it could result in some risk to their personal security.

She started a human rights complaint pursuant to s. 16(1) of the code which prohibited discrimination on the basis of marital status. The discrimination prohibited included not just discrimination based on the status of either being married or not being married, but also discrimination based on whom one is married to.

In particular where an individual is discriminated against because her spouse is a member of a group of persons with group characteristics as opposed to a particular individual with objectionable personal characteristics, there is a violation of that individual’s human rights. Her employment was terminated because her husband was a member of a class of persons — inmates at a jail. This is contrary to the provisions of the code and, therefore, she was awarded $2,000 in compensation.

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