Fasken acted as counsel for Edward Schrenk before the Supreme Court of Canada in this precedent setting case.
Fasken argued on behalf of Mr. Schrenk that human rights legislation is thoughtfully crafted to create a system in which the party in a relationship of control and dependence with the complainant – for example an employer – has control and responsibility for ensuring the complainant does not suffer discrimination in their work. As a result of this case, the Supreme Court of Canada defined the limits and scope of human rights legislation by creating a new legal test requiring consideration of context in determining whether a complaint falls within the prohibition against discrimination regarding employment contained in the BC Human Rights Code. This case is of national importance as it impacts how human rights legislation across Canada is interpreted
