Trends in Human Rights Damages: Courts, Statutory Tribunals and Labour Arbitration

Canadian Labour & Employment Law Journal Vol. 20, No. 2

Ottawa Faculty of Law Working Paper No. 2018-10

26 Pages Posted: 10 Apr 2018

See all articles by Michelle Flaherty

Michelle Flaherty

University of Ottawa, Faculty of Law

Date Written: April 2, 2018

Abstract

Evaluating human rights damages is one of the most challenging aspects of human rights adjudication. The Ontario Human Rights Code gives decisionmakers jurisdiction to order monetary compensation for injury to dignity, feelings and self-respect. Where discrimination is found, the decision-maker’s task is to quantify a person’s hurt feelings and loss of dignity, intangible losses that do not easily translate into dollars and cents. It can be difficult to understand the impact of discrimination on individuals whose lives may be very different from our own. Yet, as decision-makers, we must not only try to understand the impact, we must also attempt to assign a value to it.

Suggested Citation

Flaherty, Michelle, Trends in Human Rights Damages: Courts, Statutory Tribunals and Labour Arbitration (April 2, 2018). Canadian Labour & Employment Law Journal Vol. 20, No. 2; Ottawa Faculty of Law Working Paper No. 2018-10. Available at SSRN: https://ssrn.com/abstract=3160006

Michelle Flaherty (Contact Author)

University of Ottawa, Faculty of Law ( email )

57 Louis Pasteur Street
Ottawa, Ontario K1N 6N5
Canada

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