Seneca College v. Bhadauria
Encyclopedia
Seneca College v. Bhadauria, [1981] 2 S.C.R. 181 is a leading decision of the Supreme Court of Canada
on civil rights
and tort
law. The Court ruled that there can be no common law
tort of discrimination
.
and had seven years experience. She had applied ten times to Seneca College
but was never granted an interview. Bhadauria claimed that she was not interviewed because of her ethnicity.
She argued that the college had violated the common law tort of discrimination. The Ontario Court of Appeal accepted the existence of such a tort. Since Bhadauria could show that such a right existed and that it had been violated by the practices of the college she would be entitled to remedy.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
on civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
and tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
law. The Court ruled that there can be no common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
tort of discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
.
Background
Bhadauria, an East Indian woman, was a qualified to teach in OntarioOntario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
and had seven years experience. She had applied ten times to Seneca College
Seneca College
Seneca College of Applied Arts and Technology is a Canadian public college in the greater Toronto area. Seneca College is currently Canada's largest college with approximately 108,000 students.-History:...
but was never granted an interview. Bhadauria claimed that she was not interviewed because of her ethnicity.
She argued that the college had violated the common law tort of discrimination. The Ontario Court of Appeal accepted the existence of such a tort. Since Bhadauria could show that such a right existed and that it had been violated by the practices of the college she would be entitled to remedy.