This is a scenario-based assignment that requires to critically consider Section 2 and 15 of the Charter and apply it within a legal context citing the legal ramification on the employer. Be thorough with the analysis. The citation of cases or use of case law in not required. However, it is important that you show an understanding of the above-cited section of the Charter. Your grammar will be graded. Your presentation vis-à-vis the structure of the essay and the criticality by which you present your argument is important and will be consider when the essay is graded. The word count or margin is + or –10% of the total word count excluding the words used on the

cover page. You are required to include on your cover page the total number of words of the essay.

IMPORTANT

Your essay structure must include

- Introduction

- The main body that is a critical analysis or evaluation of the case

- The conclusion to your analysis which should NOT be your opinion, but a submission based on your analysis.

Best wishes

Scenario

After months of searching for a weekend job, Bukola Ajibade, who is Black and African, finally got an interview with the owner of a busy car wash and gas station. The owner Mr Perry seemed reluctant to hire him, but Bukola managed to win him over. The owner gave him the job, saying that he would be working on a weekend shift with seven other young men and women who are all students from the local area. The shift manager would train him on the car wash equipment. Bukola was a devout Christian who would come early to work and spend some time to pray. He had a strong accent and a relatively loud voice which could sound intimidate but he was very calm and jovial.

On Bukola's first day, the shift manager gave him only a few minutes of instruction on the equipment. Bukola watched what the other men were doing, but when he asked questions, they were not very helpful. On a few occasions Emma in the presence of the other colleagues would jokingly ask him to speak slowly and in English. On other occasions, Romanovic would often remark about his faith with comments like “… as if his prayers will help bring manner from heaven...”

Over the next few weekends, Bukola concentrated on his work but because of certain events, he increasingly began to stay by himself and isolated from the rest. A few co-workers invited him to join their little group for lunch or breaks, but others consistently cracked ethnic and racial jokes, often within the hearing of the shift manager. One day, Bukola overheard the manager say that Black people were responsible for increased violence in the community although some are too religious and lazy. This statement encouraged some co-workers, who had previously eaten lunch with Bukola, to tell more racially laden jokes about Black people. When they glanced at him as they told their jokes, he got up and walked away.

One busy Saturday afternoon, a whole section of the car wash equipment broke down because someone had allowed the system to become overheated. Bukola had worked on that section until his break, then a co-worker took over. The system had broken down at some point after that.

Mr Jade the shift manager was furious and accused Bukola of negligence. Bukola replied that he believed the system was fine when he left for his break. Although Bukola insisted that the equipment failure was not his fault, the shift manager fired him. Bukola believed he was discriminated against because he is Black, while his co-workers and managers are White.

Question: Critically evaluate the potential legal impacts of the decision by the management to sack Bukola using the Section 2 and 15 of the 1982 Canadian Charter of Rights and Freedom as the legal premise for the essay.