Human Rights Law Conference 2018
Course Date: November 29, 2018
Total: 11h 38min
Course Date: November 29, 2018
Day 1
Welcome and Introduction
Sandra F. Guarascio — Roper Greyell LLP, Vancouver
Lindsay M. Lyster — Moore Edgar Lyster LLP, Vancouver
Judicial Review Update
- review and update of significant BC Supreme Court, BC Court of Appeal, and Supreme Court of Canada cases
Katherine A. Hardie — BC Human Rights Tribunal, Vancouver
David G. Wong — Fasken Martineau DuMoulin LLP, Vancouver
Sexual Misconduct: Prevention and Investigation
- best practices for prevention: policies and beyond
- the essentials of investigations and what you can and can’t disclose
Jessica L. Derynck — Legal Counsel, Health Sciences Association of BC, New Westminster
Carolyn M. MacEachern — Young Anderson, Vancouver
Break
Sexual Misconduct: Claims, Damages, and Case Law Update
- different forums for sexual misconduct claims (HRT, WCB, civil, criminal), tests, and damages
- recent cases and analysis
Sara Hanson — Moore Edgar Lyster LLP, Vancouver
Bethany Hastie — Assistant Professor, Peter A. Allard School of Law, University of BC, Vancouver
Lunch with Featured Speaker
"Whose Job is it to Protect Human Rights?"
The Honourable Lynn Smith, QC — Peter A. Allard School of Law, University of BC, Vancouver
Enhancing and Supporting Mental Capacity: Practical and Ethical Issues
- what mental capacity means
- why this subject matters particularly to human rights practice
- when a lawyer can represent a person with diminished capacity
- practical strategies for supporting your client to have adequate capacity to participate in the legal process
Krista James — National Director, Canadian Centre for Elder Law, Vancouver
Kevin Love — Community Legal Assistance Society, Vancouver
Heather D'Oyley — Vancouver Coastal Health, Vancouver
Break
Challenging Governmental Action
- how do you deal with governmental action and legislation that is discriminatory
- human rights vs. Charter
- procedural issues
- implications SCC Matson/Andrews case
Laura Track — Community Legal Assistance Society, Vancouver
Oliver Pulleyblank — Pulleyblank Law, Vancouver
Effective Advocacy at the Human Rights Tribunal: A view from the Tribunal Members
- Q & A session with members of the Human Rights Tribunal about best (and worst) practices in mediation, hearings, and written applications
- panelists will also discuss recent policy and practice changes at the Tribunal
Devyn Cousineau — BC Human Rights Tribunal, Vancouver
Emily Ohler — BC Human Rights Tribunal, Vancouver
Barbara A. Korenkiewicz — BC Human Rights Tribunal, Vancouver
Moderator: Lindsay M. Lyster — Moore Edgar Lyster LLP, Vancouver
Day 2
Welcome
Sandra F. Guarascio — Roper Greyell LLP, Vancouver
Lindsay M. Lyster — Moore Edgar Lyster LLP, Vancouver
Case Law Update
- key cases
- analysis and trends
- effects on practice
Laura DeVries — McCarthy Tétrault LLP, Vancouver
Christopher M. McHardy — McCarthy Tétrault LLP, Vancouver
Break
An Intersectional Analysis at the Crossroads of Canadian Human Rights Law and Canadian Immigration Law
- medical inadmissibility
- criminal inadmissibilty
- identifying immigration status
- renumeration of foreign nationals
Deanna L. Okun-Nachoff — McCrea Immigration Law, Vancouver
Véronique Delahaye — McCrea Immigration Law, Vancouver
When are Workplace Drug Policies Discriminatory
Lindsay Waddell — Moore Edgar Lyster LLP, Vancouver
Sari A. Wiens— Harris & Company LLP, Vancouver
Networking Lunch (provided)
Why Law Firms Should Embrace Workplace Inclusion and Well-being
- why workplace inclusion is important
- the benefits of recognizing and supporting diversity
- why law firms should prioritize employee health
Claire L. Marchant — Practice Advisor and Equity Ombudsperson, Law Society of BC, Vancouver
Bena Stock — Associate Director, Lawyers Assistance Program of BC, Vancouver
Break
Implications of the Decision in Trinity Western University v. Law Society of British Columbia
- is there a “rights” hierarchy?
- the role of Charter values in litigation
- the level of deference granted to decision-makers
- could this decision become a “creep” towards imposing Charter obligations on private parties, by virtue of the Charter obligations owed by regulatory bodies?
- could the decision be used to regulate ideologies within educational institutions?
- what implications might the case have on other religious institutions?
- will the decision be limited to lawyers because of the special role lawyers play in society?
- how will or could this decision affect the protections granted under s. 41 of the Human Rights Code?
Gwendoline Allison — Foy Allison Law Group, West Vancouver
Robyn P.M. Trask — BC Teachers' Federation, Vancouver
Ethics Fact Patterns
- what would/should you do?
- discussions in context
Shona A. Moore, QC — Moore Edgar Lyster LLP, Vancouver
Gabriel M.A. Somjen, QC — Arbitrator and Mediator, Vancouver
Closing Remarks
Sandra F. Guarascio — Roper Greyell LLP, Vancouver
Lindsay M. Lyster — Moore Edgar Lyster LLP, Vancouver
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