GENDER DISCRIMINATION FORBIDDEN: FROM THE GLENS OF ANGUS TO A CHURCH NEAR YOU

Abstract

The relationship of Christian clergy to their respective denominations for the purposes of “employment” is uncertain in Canadian law. However, a recent decision of the House of Lords, Percy v. Church of Scotland, has clarified the relationship considerably within the context of U.K. law, and offers possibilities for clarifying the situation in Canada. The House of Lords decided that clergy were employees rather than office-holders with the result that public law of general application should apply to the employment relationship in the absence of express provision to the contrary. This outcome may prove significant in relation to denial of employment on grounds of gender and sexual orientation and constitute a challenge to courts defining the operation of section 2(a) of the Charter in any future cases in this area.