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Canadian court judgments can be accessed through the CanLII website. Find the decision made in Canada ( Attorney General ) v . Johnstone, 2 0
Canadian court judgments can be accessed through the CanLII website. Find the decision made in Canada Attorney General v Johnstone, FCA CanLII There the Federal Court of Appeal examines the earlier decision made by Barnes, J Which of the following statements regarding the decision of Justice Barnes is FALSE?
Select one:
a Barnes J held that the proper test for prima facie discrimination is that described by the British Columbia Court of Appeal in the Campbell River case. A prima facie case of discrimination is established when an employer imposes a term or condition of employment that results in a serious interference with a substantial parental or other family duty or obligation of the employee.
b Barnes J found that the Campbell River test mixed up or conflated the threshold issue of prima
facie discrimination, with the second stage of the analysis relating to discrimination that deals with bona fide occupational requirements
c Barnes J concluded that the threshold for prima facie discrimination on the ground of family status should be the same as for any other prohibited ground of discrimination. The simple fact that Ms Johnstone had been adversely affected by the CBSA's unwritten policy was sufficient to establish a prima facie ground of discrimination.
d Barnes J rejected the test for prima facie discrimination taken from the British Columbia Court of Appeal's decision in the Campbell River case. Under the Campbell River test, "a prima facie case of discrimination is established when an employer imposes a term or condition of employment that results in a serious interference with a substantial parental or other family duty or obligation of the employee.
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