Health Law

The Challenges of ‘Glass Ceiling’ Litigation

• January 5, 2015
• BakerLaw
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“it is not a question of whether this discrimination is motivated by an intentional desire to obstruct someone’s potential, or whether it is the accidental by-product of innocently motivated practices or systems.  » Read the rest

The Government Spending More Money Fighting Claims than Getting People Care

• October 22, 2014
• BakerLaw
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An article recently published in the London Free Press outlines the transformation of Ontario’s health care coverage claim and appeal process into a system in which the Ministry of Health denies countless deserving claims and it is nearly impossible for a patient to win an appeal to the Health Services Appeal and Review Board (link to article).  » Read the rest

Youth Mental Health in Education (YMHE) Action Group – Ensuring Accessible Education for Students with Mental Health Disabilities

• October 21, 2014
• BakerLaw
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On October 7, 2014, Toronto District School Board teacher Sheryl Boswell hosted the “Taking Action in Youth Mental Health in Education” event to raise awareness and funds for the Youth Mental Health in Education (YMHE) Action group.  The YMHE Action group is comprised of educators, parents, people with experience in mental health issues, and concerned community members, all of whom share the goals of increasing awareness of youth mental health issues in the educational system and ensuring that accessible education is a reality for all. » Read the rest

Bakerlaw to appear before Supreme Court of Canada in Carter Assisted Suicide case

• October 10, 2014
• BakerLaw
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On Wednesday, October 15, 2014, the Supreme Court of Canada is set to hear arguments on whether Canada should strike down statutory provisions designed to prevent assisted suicide, but only with regard to disabled people. The Council of Canadians with Disabilities (CCD) and the Canadian Association for Community Living (CACL) are the organized voice of Canada’s disabled citizens and will be represented by bakerlaw as an intervener at the hearing in order to oppose efforts to legalize assisted suicide and euthanasia (AS/E). » Read the rest

Institutionalization as a Form of Discrimination

• September 24, 2014
• BakerLaw
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Too often, people with disabilities are forced to move into an institution in order to receive the health care they require. These institutions are isolated from the community, and deprive many people with disabilities of the ability to participate in public and community life. » Read the rest

“Canadians Should not be Provided Public Support to Kill Themselves”

• September 2, 2014
• BakerLaw
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Toronto, ON, August 29, 2014 —  “It’s not worse than death, and people who are mislead into believing it will be should not be offered public support to kill themselves”, say two leading disability rights organizations who will be opposing attempts to strike down statutory provisions designed to prevent counselling or assisting anyone, disabled or not, to die. » Read the rest

Environmental Issues and Disability Rights

• July 9, 2014
• BakerLaw
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Toronto, ON, July 9, 2014 – Noise and chemicals are two ways in which our public and private institutions have been endangering the health of workers, residents and travelers.

bakerlaw was counsel to the West Toronto Diamond Community Group (WTDCG) in their successful efforts to stop Metrolinx’s use of high impact pile drivers in their assault on the low income residents of the Junction area of Toronto. » Read the rest

Human Rights Commission Releases Policy on Mental Illness and Addiction-based Discrimination

• June 19, 2014
• BakerLaw
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This week, the Ontario Human Rights Commission released its new “Policy on preventing discrimination based on mental health disabilities and addictions” (link to policy).  This much-needed policy will shed light on how to recognize the existence of a mental health disability and addiction, and a corresponding duty to accommodate, as well as the process of accommodation itself in these cases.   » Read the rest

Federal Court of Appeal Rules Employers Must Accommodate Childcare Obligations

• May 28, 2014
• BakerLaw
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Toronto, ON, May 27, 2014 — In a unanimous decision, the Federal Court of Appeal found that it is discriminatory for employers to refuse to accommodate employees with bona fide childcare obligations.  The Court upheld the decision of the Canadian Human Rights Tribunal which ruled that Canadian National Railway (CN) discriminated against Denise Seeley by failing to accommodate her family obligations. » Read the rest

Ministry Breaches Charter and Puts Lives at Risk

• October 21, 2013
• BakerLaw
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Toronto, ON, October 21, 2013 – Where medically necessary health services are not performed in Ontario, or treatment wait lists pose a risk of death or irreversible tissue damage, Ontario residents have a right to go outside the country (“Out of Country”) for treatment at public expense. » Read the rest