The exemption allows the North Central Health District to hire men in 3.5 attendant positions at the Nirvana special care home in Melfort. The other 17.5 attendant positions are filled by women.

The Service Employees International Union fought the exemption, arguing that all hiring should be done on the basis of merit and all layoffs should be done on the basis of seniority.

The Commissioners can grant exemptions from the anti-discrimination provisions of The Saskatchewan Human Rights Code where it is "necessary and advisable." Exemptions are granted for a limited period of time, and may be renewed.

The disputed exemption was set to expire in November 1995. The health district board asked for the exemption to be extended so residents, if they wished, could have their personal needs attended to by someone of their own sex.

Both the health board and the union filed material supporting their position and were allowed to respond to submissions from the other side. The Commissioners issued their decision in October 1995, granting the health board's application to extend the exemption.The union appealed that decision to the Court of Queen's Bench, which

Mr. Justice Barclay, in his decision, noted that one of the objects of the Code is respect for the inherent dignity and autonomy of the individual. "Following this object the Commission has, in the past, granted a number of exemptions involving the personal care of individuals confined to institutions such as nursing homes. The Commission, in my view, is exercising its discretion judicially when it permits the homes to hire a man or a woman (as required by circumstances) in order to offer residents a choice about the sex of employees providing personal care.

"I agree with the Commission that personal care involves bodily functions of an intimate nature and as residents in facilities have already lost a great deal of independence in their personal lives, respect for their dignity compels offering them a choice, if possible, about the sex of their personal caregiver."

Most exemptions directly advance the objectives of the Code. For example, an exemption allowing a pre-law program for Aboriginal students recognizes the barriers to equality in the educational system and the low representation of Aboriginal people in the legal profession. Some exemptions, however, require the commission to balance different Code objectives. That was the nature of the exemption in this case. The objectives being balanced are the promotion of equality (by prohibiting discrimination in employment) and the protection of the dignity and equality of individuals.