Human Rights Conference 2011

Course Date: November 24, 2011

Welcome and Introduction

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

Discrimination in the Provision of Services (s. 8 of the Human Rights Code)

  • education cases
  • provincial government cases
  • local government
  • health care cases
  • private accommodation and services issues
  • recreation issues
  • media

    Carolyn MacEachern — Young Anderson, Vancouver
    Stephanie James — Legal Department, City of Coquitlam, Coquitlam

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