CLEBC - Courses On Demand

Human Rights Law Conference 2024: Combo

Course Date: November 14, 2024

Full Course Materials

Total: 11h 49min

Total Ethics: 2h 35min

Day 1: Thursday, November 14, 2024

Welcome and Land Acknowledgement (9:00 – 9:30)

Genevieve Chang (she/her) — Program Lawyer, CLEBC, Vancouver

Elder Xwechtaal Dennis Joseph — Squamish Nation
Sandra F. Guarascio (she/her) — Roper Greyell LLP, Vancouver
Lindsay Waddell (she/her) — Moore Edgar Lyster LLP, Vancouver

Update from BC Human Rights Commissioner (9:30 – 10:15)

Kasari Govender, KC (she/her) — Human Rights Commissioner of BC, Victoria

Case Law Update (10:15 – 11:15)

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

BREAK (11:15 – 11:30)

Applications to Dismiss Complaints Under Section 27(1)(d)(ii) of the Code (11:30 – 12:30)

the Tribunal's authority to dismiss under s. 27(1)(d)(ii) where the respondent has already taken reasonable and effective steps to remedy or otherwise resolve the alleged discrimination
recent decisions and a discussion of what respondents must do upstream to address alleged discrimination, in order to potentially avoid the downstream expense and uncertainty of a hearing before the tribunal

Mark Bout (he/him) — Mathews, Dinsdale & Clark LLP, Vancouver
Jonathan Chapnick (he/him) — BC Human Rights Tribunal, Vancouver
Robin Dean (she/her) — BC Human Rights Tribunal, Vancouver

NETWORKING LUNCH (12:30 – 1:30)

Truth and Reconciliation in Action in the Legal Profession (1:30 – 2:25)

the UN Declaration on the Rights of Indigenous Peoples as the framework for reconciliation
ethical obligations on the profession and the role of legal professionals
legal education and working with Indigenous legal orders
the need for truth before reconciliation

Kelty McKerracher (she/they) — Miller Titerle Law Corporation, Vancouver
Tamara Napoleon (she/her) — Miller Titerle Law Corporation, Vancouver

BREAK (2:25 – 2:40)

Human Rights Obligations under the Workers Compensation Act: A Primer on the New Duty to Cooperate and the Duty to Maintain Employment of Injured Workers (2:40 – 3:35)

new duties for employers arising from 2024 amendments to the Workers Compensation Act, such as
- duty to maintain injured worker's employment and accommodate worker
- duty for employers and workers to communicate with each other and with WorkSafeBC with respect to a worker's return to work
which workers and employers are covered by these new provisions and what WorksafeBC can do to enforce them
impacts on other decision-makers like the labour arbitrators and the Human Rights Tribunal, and human rights practice generally
practical application of these duties in BC and similar provisions outside our jurisdiction and strategic tips with respect to mitigating risks for clients

Alissa Demerse (she/her) — Roper Greyell LLP, Vancouver
Kevin Love (he/him) — Community Legal Assistance Society, Vancouver

Practice Tips, Thoughts, and Answers—A Tribunal Member Panel (3:35 – 4:30)

preliminary applications—tips for effective and timely applications
applications to dismiss—tips for legal submissions, evidence, and on when respondents might get leave to file them in the first place
how to get the most out of case management and pre-hearing conferences
hearings—tips for a more efficient hearing process
under-utilized resources and strategies

Devyn Cousineau (she/her) — Vice-Chair, BC Human Rights Tribunal, Vancouver
Jessica Derynck (she/her) — BC Human Rights Tribunal, Vancouver
Edward M. Takayanagi (he/they) — BC Human Rights Tribunal, Vancouver

Day 2: Friday, November 15, 2024

Welcome (9:00 – 9:05)

Judicial Review Update (9:05 – 9:55)

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

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

Tribunal Processes: View from Human Rights Practitioners (virtual presentation) (9:55 – 10:45)

issues: delay, access to justice, costs
initial steps of the complaint process
- screening decisions
- service
- submissions on preliminary timing
- response and mediation timing
Case Path Pilot
- purpose
- impact
- effectiveness
  - fairness
where do we go from here?

Jonathan Blair (he/him) — Community Legal Assistance Society, Vancouver
Eleni Kassaris (she/her) — Dentons Canada LLP, Vancouver

BREAK (10:45 – 11:00)

Jurisdiction Issues in Relation to First Nations (11:00 – 11:50)

similarities and differences between CHRT and BCHRT
summary of cases in three categories—employment, services, governance (elections and membership)

Fiona McFarlane (she/her) — Kane Shannon & Weiler LLP, Surrey

NETWORKING LUNCH (11:50 – 12:50)

Update from BC Human Rights Tribunal Chair (12:50 – 1:35)

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

Update on the Human Rights Commissioner's Inquiry Activity (1:35 – 2:15)

Carly Hyman (she/her) — Senior 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

BREAK (2:15 – 2:30)

Caste-based Discrimination in BC (2:30 – 3:20)

what is caste and how does caste discrimination manifest in BC? (e.g., housing, the workplace, and schools)
what has been the experience thus far in developing caste as a ground of discrimination?
what are the challenges moving forward? factors to consider for both lawyers and decision makers when met with cases of caste-based discrimination

Gita Keshava (she/her) — Ethos Law Group LLP, Vancouver
Jitesh Mistry (he/him) — Jitesh Mistry, Labour Arbitration and Mediation Services, Burnaby
Satkaran Sandhu (she/her) — BC General Employees' Union, Burnaby

Freedom of Expression Within and Beyond the Workplace (3:20 – 4:10)

this presentation will explore the ability of employees to engage in acts of expression within or outside of the workplace, on topics related or unrelated to the workplace, and how employees and employers alike can navigate such expression
specific topics will include the applicability of Charter rights, the Human Rights Code's protections of political belief and prohibitions on hate speech, and an employee's right to expressive activity as contrasted with an employer's ability to regulate on- and off-duty conduct or terminate employment as a result of such activity
decisions within and out of BC will be explored to not only provide an overview of current jurisprudence, but also where it may be headed in the coming months and years

Madeline Lusk (she/her) — Harris & Company LLP, Vancouver
Catherine Repel (she/her) — Clark Wilson LLP, Vancouver

Closing Comments (4:10 – 4:15)

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