Day 1: Thursday, November 24
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
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similarities and difference
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differences in definitions, process, filing, awards, and more
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age
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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)
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education cases
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provincial government cases
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local government
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health care cases
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private accommodation and services issues
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recreation issues
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media
Carolyn MacEachern — Young Anderson, Vancouver
Stephanie James — Legal Department, City of Coquitlam, Coquitlam
Networking Lunch (provided)
BC HRT 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
Day 2: Friday, November 25
Welcome and Introduction
Sandra F. Guarascio — Roper Greyell LLP, Vancouver
Marino J. Sveinson — Roper Greyell LLP, Vancouver
Family Status Cases
- the test for family status discrimination in BC and other jurisdictions
- case law update
- trends and implications
- policy considerations arising from the various tests for family status discrimination
Jennifer Devins — Roper Greyell LLP, Vancouver
Krista James — Canadian Centre for Elder Law, BC Law Institute, Vancouver
Catherine Sullivan — British Columbia Government & Service Employees’ Union, Vancouver
S. 7 of the Charter and Human Rights Issues
- recent s. 7 case law, including consideration of the Insite and Tent City cases, and the Polygamy Reference
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section 7 as a basis for substantial positive health rights
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a critique of s. 7 applied methodology
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the future of s. 7 challenges
Brent B. Olthuis — Hunter Litigation Chambers, Vancouver
Matthew R. Voell — LLM Candidate, Faculty of Law at Allard Hall, University of BC, Vancouver
Networking Break
Pregnancy and Parental Leave and Benefits
- pregnancy and parental leave and benefits and discrimination under the Human Rights Code
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entitlement to leave and return from leave under the Employment Standards Act
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termination and notice of termination for employees on pregnancy and parental leave
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entitlement to pregnancy and parental EI benefits
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who has jurisdiction to hear a complaint?: the courts, employment standards branch, a labour arbitrator, or the human rights tribunal?
Robyn Trask — Legal Counsel, British Columbia Teachers’ Federation, Vancouver
Lunch With Featured Speaker
The Honourable Mr. Justice Thomas Cromwell — Supreme Court of Canada, Ottawa
Concurrent Sessions (choose 1)
A. Human Rights Tribunal Judicial Review Update
- recent Supreme Court and Court of Appeal cases
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role of the Court and the Tribunal
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issues respecting the record of proceedings
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standard of review
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available relief
Jessica Connell — Legal Counsel, British Columbia Human Rights Tribunal, Vancouver
OR
B. Bona Fide Exception for Retirement and Benefits
Networking Break
Ethics Fact Patterns
- what would/should you do?
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discussions in context
Master Heather M. MacNaughton — Supreme Court of BC, Vancouver
Bruce R. Grist — Fasken Martineau DuMoulin LLP, Vancouver
Gabriel Somjen — Borden Ladner Gervais LLP, Vancouver
Case Law Update
- key cases
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analysis, impact, and effects
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trends
Jillian N. Humphreys — McCarthy Tetrault LLP, Vancouver
Christopher M. McHardy — McCarthy Tetrault LLP, Vancouver
Closing Comments and Questions