CLE Online

Sandra F. Guarascio — Roper Greyell LLP, Vancouver
Marino J. Sveinson — Roper Greyell LLP, Vancouver

Managing Absenteeism/Meeting Human Rights

• where is the line between management rights and human rights?
• review of arbitral and other jurisprudence
• review of human rights tribunal jurisprudence
• meeting the requirements of Coast Mountain Bus Company Ltd
• the 21st Century Attendance Management Plan

Earl Phillips — McCarthy Tetrault LLP, Vancouver
Cherly Shizgal — Coast Mountain Bus Company, Vancouver

Networking Break

Differences Between the Canada Human Rights Tribunal vs. British Columbia Human Rights Tribunal

• similarities and difference
• differences in definitions, process, filing, awards, and more
• age
• pilot's case
  
  Lindsay M. Lyster — Moore Edgar Olson, Vancouver
  Robyn Durling — British Columbia Human Rights Coalition, Vancouver

Networking Lunch (provided)

BC Human Rights Tribunal Practice and Procedure

• process overview from filing through resolution
• representative complaints
• anonymization and other limits on publication
• failure to pursue a complaint
• disclosure and other pre-hearing preparation
• adjournments and extensions of time
• correction and reconsideration of decisions

Katherine Hardie — British Columbia Human Rights Tribunal, Vancouver

Human Rights for Foreign Workers and Business in Canada

• C.S.W.U Local 1611 v. SELI Canada and others
• discrimination against temporary foreign workers and the obligations of employers
• the representative complaint process for human rights class actions

Charles Gordon — Fiorillo Glavin Gordon, Vancouver
Paul D. McLean — Harris & Company, Vancouver

Networking Break

The Duty to Inquire

• what is the nature of the duty of an employer to inquire about possible accommodation where there is evidence of a disability?
• what is the nature of the evidence or circumstances that will give rise to that obligation to inquire?
• what is the extent of the duty to inquire and when will it be satisfied?
• where the inquiry results in a determination that accommodation is necessary, what is the obligation of the employee?
• how do considerations differ if it relates to a mental disability?

Diana Juricevic — British Columbia Human Rights Tribunal, Vancouver
Carman J. Overholt, QC — Fraser Milner Casgrain LLP, Vancouver

Gender and Identity Panel

• gender identity
• discrimination against transgendered people under the Human Rights Code
• accommodating transgendered people in the workplace

Elizabeth A. Reid — Boughton Law Corporation, Vancouver
Devyn Cousineau — Community Legal Assistance Society, Vancouver
Shannon Blatt — Public Service Alliance of Canada, Vancouver

Closing Questions and Comments