CLEBC - Courses On Demand

Human Rights Law Conference 2023: Combo

Course Date: November 16, 2023

Full Course Materials

Total: 11h 16min

Total Ethics: 3h 9min

Day 1: Thursday, November 16, 2023

Course Introduction, Land Acknowledgement, and Welcome (9:00 – 9:15)

Rob Seto (he/him) — Director of Programs, CLEBC, Vancouver

Elder S7aplek Bob Baker — Cultural Advisor, Performer, Squamish Nation
Sandra F. Guarascio (she/her) — Roper Greyell LLP, Vancouver
Lindsay Waddell (she/her) — Moore Edgar Lyster LLP, Vancouver

Case Law Update (9:15 – 10:10)

key cases
analysis and trends
effects on practice

Christopher M. McHardy (he/him) — McCarthy Tétrault LLP, Vancouver
Lauren Soubolsky (she/her) — McCarthy Tétrault LLP, Vancouver
Laura Track (she/her) — Community Legal Assistance Society, Vancouver

Family Status in BC (Human Rights Tribunal) v. Gibraltar Mines Ltd., 2023 BCCA 168 (10:10 – 11:05)

the development of the prima facie test for family status discrimination in BC
provide a comparative analysis of the BC test and developments in the law on prima facie discrimination across Canada, with a focus on the prima facie test for family status discrimination in other jurisdictions
analyze the BCCA's decision in Gibraltar Mines and provide an assessment of the current status of the prima facie test for family status discrimination in BC and questions that remain after the BCCAs decision

Heather D. Hoiness (she/her) — BC's Office of the Human Rights Commissioner, Vancouver
Jaime H. Hoopes (he/him) — Roper Greyell LLP, Vancouver
Jadine (Jay) Lannon (they/them) — Forte Workplace Law, Surrey

BREAK (11:05 – 11:20)

The Protected Ground of "Indigenous Identity": What Does this Really Mean? (11:20 – 12:15)

overview of individual vs. collective rights in the human rights context
caveat and outline of the paper and presentations—the point here is to put forward a principled approach to this new protected ground, not to be perfect
how does Indigenous Identity differ from other already protected grounds such as race, ancestry, colour, and place of origin? Overview of BCHRT jurisprudence and the lead up to the inclusion of Indigenous Identity as a protected ground
how does external jurisprudence, particularly from Charter cases such as Dickson, inform the development of the ground of Indigenous Identity?
practical takeaways for practitioners—how to approach a file when Indigenous Identity is claimed as a protected ground

Rachel Au (she/her) — Dentons Canada LLP, Vancouver
Robin Dean (she/her) — BC Human Rights Tribunal, Vancouver
Sylvia Nicholles (she/her) — Department of Justice, Indigenous Rights and Relations, Vancouver

NETWORKING LUNCH (12:15 – 1:15)

Practicing what We Preach: Human Rights Inside the Practice of Law (1:15 – 2:15)

importance of a diverse and inclusive human rights bar
barriers to a diverse and inclusive human rights bar
practical examples of what is working and what work needs to be done by our human rights bar

Sara Forte (she/her) — Forte Workplace Law, Surrey
Richard B. Johnson (he/him) — Ascent Employment Law Corporation, Vancouver
Trevor Thomas (he/him) — Ascent Employment Law Corporation, Vancouver

BREAK (2:15 – 2:30)

Discrimination Against Indigenous Peoples and the BC Human Rights Code (2:30 – 3:20)

how s. 8.1 of the BC Interpretation Act, and DRIPA/UNDRIP can be used to interpret the Human Rights Code and provide for deeper engagement with Indigenous human rights issues on a systemic level
our recent human rights cases, including the Maxwell Johnson case, and the reason we as lawyers take these kinds of cases on
the patterns we have seen in taking on systemic discrimination cases, including impediments to progress in addressing systemic issues

Lisa C. Fong, KC (she/her) — Ng Ariss Fong, Lawyers, Vancouver
Ruben Tillman (he/him) — Ng Ariss Fong, Lawyers, Vancouver

BC Human Rights Tribunal Update (3:20 – 4:15)

Emily Ohler (she/her) — Chair, BC Human Rights Tribunal, Vancouver

Day 2: Friday, November 17, 2023

Welcome (9:00 – 9:05)

Judicial Review Update (9:05 – 10:00)

review and update of significant BC Supreme Court, BC Court of Appeal, and Supreme Court of Canada cases

Shawnee Monchalin (she/her) — BC Human Rights Tribunal, Vancouver
David G. Wong (he/him) — Fasken Martineau DuMoulin LLP, Vancouver

"Group Rights Exemption" of the BC Human Rights Code (10:00 – 10:55)

pre-requisites for the exemption
how the tribunal and courts have interpreted and applied the pre-requisites to limit/expand the scope of the exemption
case law update and discussion of key cases
special program designation by Human Rights Commissioner

Heather M. Hettiarachchi (she/her) — Integritas Workplace Law Corp., Richmond
Carly Hyman (she/her) — Acting General Counsel, BC's Office of the Human Rights Commissioner, Victoria
Guuduniia La Boucan (she/her) — Staff Lawyer, BC's Office of the Human Rights Commissioner, Victoria

BREAK (10:55 – 11:10)

Mediation Best Practices (11:10 – 12:10)

different approaches to mediation
how mediation is currently used and what parts of that are ineffective
what kind of cultural/beliefs shifts for counsel or clients, or process/procedural shifts, are necessary to achieve that change
what strategies (such as education) could be used to effect that change

Reut Amit (she/her) — Southern Butler Price LLP, North Vancouver
Tonie Beharrell (she/her) — Southern Butler Price LLP, North Vancouver
Jim Wu (he/him) — Forte Workplace Law, Surrey

NETWORKING LUNCH (12:10 – 1:10)

Hate-motivated, Anti-queer, and Trans Initiatives in Schools (1:10 – 2:00)

anti-trans initiatives relating to trans youth in schools
human rights and Charter law regarding schools, in particular in Hansman v. Neufeld, 2023 SCC 14

barbara findlay, KC (she/her) — Law Office of barbara findlay KC, Vancouver
Robyn P.M. Trask (she/her) — BC Teachers' Federation, Vancouver

BREAK (2:00 – 2:15)

Giving Intersectionality its Due: The Importance of Using an Intersectional Framework in BC Human Rights Law (2:15 – 3:10)

an overview of principles of intersectionality as a framework for understanding and ameliorating discrimination
discussion on the law's approach to intersectionality
a comparative analysis of human rights tribunal treatment of intersectionality in BC and other Canadian jurisdictions
an overview of the author's suggestions for the use of intersectionality in BC human rights law, including suggestions for advocates and the Tribunal

Afifa Hashimi (she/her) — Moore Edgar Lyster LLP, Vancouver
Sonya Sabet-Rasekh (she/her) — BC General Employees' Union, Burnaby

Substantive Update on the Human Rights Commissioner's Inquiry and Intervention Activity (3:10 – 4:10)

update on the Commissioner's inquiry into hate in the COVID-19 pandemic, including update on the From Hate to Hope Inquiry report, the Commissioner's findings and recommendations, and next steps
interventions update
- BC Teachers Federation obo Chilliwack Teachers' Association v. Barry Neufeld
- Gitxaala and Ehattesaht v. HM the King in the Right of BC, 2023 BCSC 1680
- the Commissioner's next inquiry, including update on the inquiry selection criteria, topic/terms of reference, process and timelines

Gurleen Grewal (she/her) — Student Research Officer, BC's Office of the Human Rights Commissioner, Victoria
Carly Hyman (she/her) — Acting General Counsel, BC's Office of the Human Rights Commissioner, Victoria

Guuduniia La Boucan (she/her) — Staff Lawyer, BC's Office of the Human Rights Commissioner, Victoria
Maria Sokolova (she/her) — Staff Lawyer - Inquiries and Investigations, BC's Office of the Human Rights Commissioner, Vancouver

Closing Remarks (4:10 – 4:15)

Sandra F. Guarascio (she/her) — Roper Greyell LLP, Vancouver
Lindsay Waddell (she/her) — Moore Edgar Lyster LLP, Vancouver