7/17/2019 Modern Slavery
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MODERN SLAVERYBy: Victoria Yang
We would like to think that slavery is a relic of the past, especially in Canada, and that wehave respectable standards today. But is slavery really behind us? And are standards just anoption that employers can choose to either adopt or ignore?
In PN v FR, the complainant was a Filipino nanny who worked in Vancouver forapproximately six weeks daily from 5:30am to 11:00pm and received a total of $454.76.Throughout the course of her employment she had to endure physical abuse, consistentsexual harassment, and constant verbal abuse.
The British Columbia Human Rights Tribunal found the complainant to be a “virtual slave”.She was not allowed to sit during the day otherwise deductions would be made from heralready measly wages. Her passport was confiscated upon arrival in Vancouver. She slept ona couch that can be seen from both bedrooms, and had absolutely no privacy. She wasforbidden to talk to others. Her food was portioned and managed closely. She was forced tocommit sexual acts multiple times a week.
The complainant argued that the respondents had discriminated against her contrary tosection 13 of the BC Human Rights Code. As set out in Moore v British Columbia, toestablish a prima facie case of discrimination complainants must demonstrate:
1.
They have a characteristic protected from discrimination;2. They have experienced an adverse impact; and3. The protected characteristic was a factor in the adverse impact.
As a young mother from the Philippines, the Tribunal found that the complainant possessedmany protected characteristics including her age, sex, family status, colour, ancestry, andplace of origin.
7/17/2019 Modern Slavery
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For instance, case law has established that sexual harassment, or unwelcome conduct of asexual nature that detrimentally affects the work environment, amounts to discriminationon the basis of sex. Needless to say, this had serious repercussions on the complainant’ssense of dignity and self-worth.
What happened to the complainant? The complainant commenced this litigation after
escaping the hotel at which she and the respondents were living when she had anopportunity to take out the garbage. After escape, she continued to experience threats andenticements to return to the respondents. She had to rely on the generosity of strangers tofeed and clothe herself and live at shelters, as she was unable to work elsewhere or obtain benefits in Canada. Her application for a Temporary Residence Permit was denied accordingto Lancaster House and she is faced with lawsuits from the Respondents in Hong Kong.
For more information or any other questions regarding human rights and any otheremployment/labour law matters, please contact Marty Rabinovitch.
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L a w y e r R e c e i v e s $ 1 , 0 0 0 F o r 4 M i n u t e W a i tC o n s t i t u t i n g H u m a n R i g h t s B r e a c h
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