Human Rights Law Conference 2019


Course Date: November 14, 2019

Full Course Materials
Total: 12h 29min
Total Ethics: 4h

Day 1: Thursday, November 14, 2019

Welcome and Land Acknowledgement

Sandra F. Guarascio — Roper Greyall LLP, Vancouver
Lindsay M. Lyster, QC — 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

Matthew Allard Fasken Martineau DuMoulin LLP, Vancouver
Katherine A. Hardie
BC Human Rights Tribunal, Vancouver
Amita Vulimiri Community Legal Assistance Society, Vancouver
David G. Wong — Fasken Martineau DuMoulin LLP, Vancouver

Break

Charter Values and Human Rights Adjudication

  • s. 15 of the Charter and the statutory purposes of the Code, in particular, prohibiting discrimination
  • role of Charter values that are not tied to a particular infringement, for example, the "shared valuesequality, human rights and democracy" or "liberty"
  • balancing of Charter values in administrative decision-making
  • what is happening in other jurisdictions

Heather D. HoinessMoore Edgar Lyster LLP, Vancouver
E.W. (Heidi) HughesMinistry of Attorney General, Vancouver
Raji MangatExecutive Director, West Coast Womens's LEAF, Vancouver

Reconciliation and Trauma Informed Representation

  • trauma informed lawyering
  • culturally informed practice
  • reflections on representing Indigenous clients at the BCHRT

Myrna McCallumMiyo-Pimatisiwin Legal Services, North Vancouver
Amber PrinceAtira Women's Resource Society, Vancouver

Lunch with Featured Speaker

Kasari Govender  Human Rights Commissioner of BC, Vancouver

Reducing Employee Benefits on Protected Leaves: Pregnancy and Disability Discrimination

  • a review of cases involving the denial and reduction of certain benefits during pregnancy and disability-related leaves
  • how adjudicators determine whether a reduction or proration of a benefit is discriminatory
  • provide a list of benefits, common language, and how they have been classified
  • compare and contrast the approaches in arbitral law and the Human Rights Tribunal

Stephanie T. Mayor — Black Gropper, Vancouver
Christopher Munroe — Roper Greyell LLP, Vancouver

Break

Dealing with Addiction Related Misconduct

  • managing disabilities, including addiction issues, within the disciplinary processes of self-regulating professions
  • review of the decision in Stewart v. Elk Valley Coal Corp., [2017] SCJ No. 30, its effect on the application of the Gooding case, and subsequent cases

Elizabeth Allan — Sugden, McFee & Roos LLP, Vancouver
Tonie Beharrell — Legal Counsel, Health Sciences Association of BC, Vancouver
Julie Menten — Roper Greyell LLP, Vancouver

Ethics Fact Patterns

  • what would/should you do?
  • discussions in context

Sandra F. Guarascio — Roper Greyall LLP, Vancouver
Lindsay Waddell — Moore Edgar Lyster LLP, Vancouver

Day 2: Friday, November 15, 2019

Welcome

Case Law Update

  • key cases
  • analysis and trends
  • effects on practice

Abigail Cheung McCarthy Tétrault LLP, Vancouver
Christopher M. McHardy McCarthy Tétrault LLP, Vancouver

Discriminatory Action Complaints Under the Workers Compensation Act

  • "personal harassment" or "bullying and harassment" as an occupational health and safety issue
  • "physical or mental impairment" under s. 4.19 of the Occupational Health and Safety Regulation
  • practice and procedures, particularly in relation to concurrent proceedings
  • the "make-whole" principle in remedy awards

Tricia L. Auton Investigations Legal Officer, WorkSafeBC, Vancouver
Lindsay Clement Investigations Legal Officer, WorkSafeBC, Vancouver
Heather Hettiarachchi Investigations Legal Officer, WorkSafeBC, Richmond

Break

The Interplay of Race, Colour, Ancestry, and Place of Origin in BC Human Rights Cases

  • review of leading BCHRT cases about the characteristics of race, colour, ancestry, and place of origin, with special attention to how these form grounds within the human rights framework, both on their own and together
  • connections between race, colour, ancestry, and place of origin and the characteristics of gender and disability
  • linkages between racism and other forms of discrimination as well as with power and law (inclusive of the legal community)

Tina Parbhakar Vice-Chair, South Asian Legal Clinic of BC, North Vancouver

Trans Identity and Trans Equality Under Human Rights Law

  • review of key findings in the decisions Oger v. Whatcott and AB v. CD
  • legal advancements in two contexts: the contentious movement in societal views on transgender identities and the evolving law of equality rights, especially as they are balanced against fundamental freedoms of expression and religion
  • unique issues that may arise in dealing with allegations of discrimination on gender identity

Susanna Quail  Allevato Quail & Roy, Vancouver
Monique Ronning McCarthy Tétrault LLP, Vancouver
Samuel SingerAssistant Professor, Faculty of Law, Thompson Rivers University, Kamloops

Networking Lunch (provided)

"Desperate Times and Extraordinary Measures": Remedies Beyond ITD Damages

  • review of Tribunal-ordered remedies other than injury to dignity damages, including: equity programs, under s. 37(c)(ii); making available opportunities denied, under s. 37(d)(i); and lost wages/expenses, under s. 37(d)(i)
  • identify defining characteristics, trends in the case law, and inconsistencies either within the Tribunal's jurisprudence or between approaches taken by the Tribunal and other decision-makers
  • tools available to Human Rights practitioners and practical and strategic considerations when addressing costs, settlement enforcement mechanisms, and improper conduct applications

Ian Kennedy Rosenberg Law, Vancouver
Paula Krawus — Kent Employment Law, Vancouver
Tamara RamusovicMoore Edgar Lyster LLP, Vancouver

Break

Ending Workplace Sexual Harassment—A Call to Arms

  • why we need to move beyond traditional harassment policies and training to combat workplace harassment
  • new paths forward, with a new vision of respectful workplace training including bystander and civility training 
  • one company's experience in developing and delivering customized and innovative respectful workplace training to its entire workforce as one facet of a coordinated plan to make its already inclusive workplace even more welcoming and respectful

Sara ForteForte Law Corporation, Surrey
Angela McGeachan General Counsel, Safe Software Inc., Surrey

Team Work Makes the Dream Work: Support People, Representatives, and Access to Justice for Vulnerable Complainants

  • duty of confidentiality and different kinds of privilege when involving support people in legal representation
  • practical considerations for managing client relationships where support people are involved
  • implications of the BCHRT's Report of the Working Group on Strengthening Tribunal Processes for Representative Complaints (released May 2019)

Melissa VanderHouwen — Moore Edgar Lyster LLP, Vancouver
Dalya Israel — Executive Director, WAVAW Rape Crisis Centre, Vancouver
Laura Track — Community Legal Assistance Society, Vancouver

Closing Remarks

Sandra F. Guarascio — Roper Greyall LLP, Vancouver
Lindsay M. Lyster, QC — Moore Edgar Lyster LLP, Vancouver