Prieur v Alberta Health Services
April 16, 2026

A cardiac surgeon alleged gender-based discrimination by Alberta Health Services – but was she an employee entitled to the protection of human rights legislation? In Prieur v Alberta Health Services, 2026 AHRC 50, the Human Rights Tribunal of Alberta found she was not, dismissing the complaint for lack of jurisdiction after a detailed analysis of the employment relationship.

Background

Teresa Prieur held clinical privileges at Foothills Medical Centre in Calgary since 1988 and is credited with establishing the cardiac surgery program there – one of very few female cardiac surgeons in Canada at the time. She alleged Alberta Health Services (AHS) discriminated against her based on gender, including attacks on her performance, skills, and judgment connected to her being the only female cardiac surgeon in the program.

AHS challenged the Tribunal’s jurisdiction, arguing Prieur was an independent contractor, not an AHS employee, and therefore her complaint did not fall within section 7 of the Alberta Human Rights Act (which prohibits discrimination in employment).

The Decision

Tribunal Member Erika Ringseis applied the multi-factor test for determining employment relationships, considering control, ownership of tools, chance of profit and risk of loss, and integration. The Tribunal found Prieur was not an employee of AHS. Key factors included: her Medical Services Agreement expressly denied an employment relationship; she billed patients directly in some circumstances; she had complete control over how she performed surgery; the Medical Staff Bylaws (not AHS unilaterally) governed her discipline; and AHS did not directly benefit financially from her work.

While some indicia pointed toward employment – an ID badge, parking pass, email address, and pager – the Tribunal characterized the overall relationship as a “symbiotic” contractor arrangement, not employment. The Tribunal concluded it lacked jurisdiction to hear the complaint.

Key Takeaway

The employment versus independent contractor distinction remains a critical threshold for human rights jurisdiction. For health-sector professionals with clinical privileges, the existence of hospital infrastructure (badges, email, parking) does not convert a contractor relationship into employment. Organizations and practitioners should carefully consider the structure of their working relationships, particularly where human rights protections may turn on the answer. For physicians working under Medical Services Agreements, the contractual framework and degree of operational independence remain the dominant factors for consideration.