SCC Grants Extension and Exemptions in Carter
- January 15, 2016
- Kimberly Srivastava
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The Supreme Court of Canada has granted a 4 month extension to the Federal Government to allow it more time to draft legislation regarding physician assisted suicide. The Attorney General of Canada had requested a 6 month extension however, the majority concluded that 4 months was appropriate given the four month break that took place when Parliament was dissolved in early August in anticipation of the election and did not resume until early December. » Read the rest
Promising News from the Court Challenges Program
- January 8, 2016
- Kimberly Srivastava
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Bakerlaw is pleased to announce that it has received encouraging news regarding the reinstatement of the Court Challenges Program of Canada (CCPC). Linda Jones, Chair of the Board of Directors of CCPC, has recently announced that the Liberal Government appears to be making progress on their election promise to renew funding to the CCPC. » Read the rest
Transportation of Persons with Disabilities in Canada: Triumphs and Tribulations
- December 29, 2015
- Kimberly Srivastava
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Bakerlaw has worked extensively in the area of advancing the rights of persons with disabilities in the transportation context.
Bakerlaw represented the Council of Canadians with Disabilities in the Via Rail case in 2007 click here to read the case (link). » Read the rest
Canadian Transportation Agency Reaffirms Independent Travel Rights of Passengers with Disabilities
- December 10, 2015
- Kimberly Srivastava
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A recent case decided at the Canadian Transportation Agency (CTA) has affirmed that deaf-blind persons have the right to determine their own need for an attendant during air travel. The case arose when Ms. Carrie Moffatt was told by Air Canada that she could not travel as a deaf-blind person without an attendant. » Read the rest
Bakerlaw Files Response to Supreme Court Regarding Motion to Extend February 2016 Deadline Set in Carter
- December 10, 2015
- Kimberly Srivastava
- Comments Off on Bakerlaw Files Response to Supreme Court Regarding Motion to Extend February 2016 Deadline Set in Carter
Last week, the Attorney General of Canada submitted a motion to the Supreme Court of Canada to extend the deadline the Court gave in the Carter v Canada (Attorney General) judgment. In Carter, the Court struck down the provisions of the Criminal Code prohibiting physician assisted suicide (to read the full decision click here (link to decision)). » Read the rest
The Relationship between Employers and Insurers in Disability Accommodations
- December 7, 2015
- Kimberly Srivastava
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Recently, bakerlaw has come across the issue of the relationship between employers and insurers in regards to disability claims and accommodation. It is well established that an employer bears the duty to accommodate the disability-related needs of an employee. In these cases, the issues between the insurer and employer can be kept separate and distinct. » Read the rest
Genetic Discrimination in Canada
- December 7, 2015
- Kimberly Srivastava
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You may have seen the advertisements on TV or on the subway for at-home kits or private clinic genetic testing. While there are many benefits to having the testing done, there are also serious implications of which you should be aware including implications for your insurance. » Read the rest
Bakerlaw Demands Government Adhere to Accessible Procurement Policies
- October 22, 2015
- Kimberly Srivastava
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Bakerlaw is currently working on bringing a case against the Federal Government for its failure to procure accessible technologies for its employees.
A few years ago, bakerlaw represented the Applicant in Jodhan v Canada (link to case). Ms. Jodhan is visually impaired and was unable to access public Federal Government websites. » Read the rest
70% of Canadians Do Not Have Access to Palliative Care
- October 14, 2015
- Kimberly Srivastava
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Bakerlaw is currently exploring the possibility of taking on a case regarding inadequate access to palliative care in Canada. Palliative care is not available in roughly 70% of deaths, though experts report that 90% of deaths would benefit from palliative care. » Read the rest