Newfoundland and Association of Public Employees v. Newfoundland Pay Equity (2004)

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In October 2004, the importance of LEAF's work became abundantly clear when the Supreme Court of Canada unanimously accepted LEAF's arguments in NAPE (Newfoundland Association of Public Employees) v. Newfoundland that the Newfoundland government discriminated against female workers by paying them unequal wages.

LEAF is pleased that the Court recognized the egregious sex discrimination caused by unequal wages (LEAF won on Section 15 of the Charter). However, LEAF is extremely disturbed by the Court's further ruling that this oppressive treatment was justifiable. (The Newfoundland government won on Section 1 of the Charter).

The Court held that the Newfoundland government's discrimination against women was justified in a free and democratic society because a severe fiscal deficit could override the government's obligation to remedy wage discrimination. Over 5,000 women in Newfoundland were denied justice. The decision in NAPE shows how much work LEAF has yet to do in the area of equality rights and social justice.

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Supreme Court of Canada Decision (2004)