Thwaites, a master seaman, was dismissed from employment with the Canadian Armed Forces (CAF) allegedly due to his HIV status. He filed a complaint with the Human Rights Tribunal against CAF, alleging discrimination under the Human Rights Act (HRA). At issue in the case was whether CAF had a legitimate reason for dismissing Thwaites based on his HIV status.

The Human Rights Tribunal held that Thwaites’ dismissal violated his right to be free from discrimination and awarded him past and future loss of wages, special compensation, and costs. The Tribunal weighed the potential risk continued employment posed for Thwaites’ health as well as the risk of transmission to his colleagues, concluding that in this case CAF could have adequately minimized the risks by taking minimal precautions.

CAF appealed the decision.

Link to Case

Print