He attempted to file a complaint with the Alberta Human Rights Commission claiming that his employer had discriminated against him on the grounds of his sexual orientation.

However, he was prevented from making a complaint under the Alberta Individual Rights Protection Act because the legislation did not explicitly include sexual orientation as a prohibited ground of discrimination.

Vriend sought a declaration from the Alberta Court of Queen's Bench that the omission breached section 15 of the Canadian Charter of Rights and Freedoms.

The Court of Queen's Bench (Justice Anne Russell) found, in favour of Vriend, that the exclusion of sexual orientation as a protected ground of discrimination from ss.

The trial judge ordered that the phrase "sexual orientation" be read into those sections and permitted the appellants to appeal and the respondents to cross-appeal to the Supreme Court.

It is not only to protect against encroachment on rights or the excessive exercise of authority, as McClung suggested, rather it is a tool for citizens to challenge the law in all its forms.