Human Rights

Getting students with disabilities back to school: challenging suspensions and expulsions

• December 16, 2015
• BakerLaw
• Comments Off on Getting students with disabilities back to school: challenging suspensions and expulsions

When a student with a disability has been suspended, expelled, or excluded from school the process for challenging this decision can be complicated and frustrating. Bakerlaw has been involved in getting many students back to school through both the human rights and the school board processes. » Read the rest

Canadian Transportation Agency Reaffirms Independent Travel Rights of Passengers with Disabilities

• December 10, 2015
• Kimberly Srivastava
• Comments Off on Canadian Transportation Agency Reaffirms Independent Travel Rights of Passengers with Disabilities

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

The Relationship between Employers and Insurers in Disability Accommodations

• December 7, 2015
• Kimberly Srivastava
• Comments Off on The Relationship between Employers and Insurers in Disability Accommodations

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
• Comments Off on Genetic Discrimination in Canada

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
• Comments Off on Bakerlaw Demands Government Adhere to Accessible Procurement Policies

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

New OHRC report on persons with mental health and addiction disabilities

• October 15, 2015
• BakerLaw
• Comments Off on New OHRC report on persons with mental health and addiction disabilities

On October 5, 2015, the Ontario Human Rights Commission released a new report, ‘By the numbers – a statistical profile of people with mental health and addiction disabilities in Ontario.’

To review the report, click here (link to report).

For more information on your rights with respect to mental health and addiction disabilities, please contact us (link ). » Read the rest

One Step Closer to Deinstitutionalization

• October 14, 2015
• BakerLaw
• Comments Off on One Step Closer to Deinstitutionalization

Bakerlaw has been working to import the “Olmstead principle” into Canadian human rights law (for an earlier post on the issue click here (link to post). In the Olmstead case, a U.S. court held that it was discriminatory to place people in institutions when they could receive the care they required in the community (for more information read the Olmstead case here (link to case) or visit the Bazelon Centre website (link to website)). » Read the rest

“Reinstatement in relation to a disability which is highly stigmatized”

• September 16, 2015
• BakerLaw
• Comments Off on “Reinstatement in relation to a disability which is highly stigmatized”

A recent ruling from the Manitoba Human Rights Commission has set an “important precedent – reinstatement in relation to a disability which is highly stigmatized,” according to David Baker.

The Commission ruled that the worker in question, who was fired three years ago for her alcohol addiction, was discriminated against because her alcohol addiction did qualify as a disability, and this “alcohol-related disability” was a factor in the employer’s adverse treatment of her, including her termination.  » Read the rest

Discrimination in the professions

• July 23, 2015
• Phil Emery
• Comments Off on Discrimination in the professions

Bakerlaw has seen a series of cases recently that relate to discrimination in the professions. These cases have reminded us that regulatory bodies and employers often overlook the potential for discrimination both against professionals and by professionals.

To become a professional, an individual must meet certain standards that are set by regulatory bodies. » Read the rest

Tribute to champion of disability rights, Helen Henderson

• April 14, 2015
• BakerLaw
• Comments Off on Tribute to champion of disability rights, Helen Henderson

Canadian journalism has lost its preeminent writer on disability issues. Helen Henderson, who lived much of her professional life with multiple sclerosis died on April 11^th  of cancer. Helen tackled cutting edge disability issues without ever sounding strident. The rights she demanded in her columns reflected her common sense and decency. » Read the rest