Legal Issues

Dr. Sonu K. Gaind to speak about MAiD in the context of Mental Health

• October 27, 2021
• BakerLaw
• Comments Off on Dr. Sonu K. Gaind to speak about MAiD in the context of Mental Health

Dr. Sonu K. Gaind, alongside commentator Dr. Derryck H. Smith, will be holding a seminar to discuss issues related to Medical Assistance in Dying (MAiD) with a focus on the particular challenges that are posed with mental illness in the context of MAiD. » Read the rest

Ontario proposes a bill that would benefit foreign-trained professionals

• October 27, 2021
• BakerLaw
• Comments Off on Ontario proposes a bill that would benefit foreign-trained professionals

The Ontario government announced its intention to propose legislation that, if passed, would make it easier for foreign-trained professionals and tradespeople to work in their respective fields by removing some barriers that internationally-trained immigrants face. For example, such changes would include the removal of the requirement for Canadian work experience, in certain regulated professions and trades. » Read the rest

Thoughts on Supreme Court of Canada’s Decision in Northern Regional Health Authority v Horrocks

• October 26, 2021
• BakerLaw
• Comments Off on Thoughts on Supreme Court of Canada’s Decision in Northern Regional Health Authority v Horrocks

The Supreme Court of Canada recently issued its decision in Northern Regional Health Authority v Horrocks, 2021 SCC 423 (link), ruling that human rights tribunals in Manitoba cannot hear complaints from unionized employees.

While this is the case for Manitoba, a careful review of the decision indicates this is likely not the case in other jurisdictions, including Ontario. » Read the rest

Lawsuit alleges a disabled inmate forced to sleep on the floor for 21 days

• October 4, 2021
• Daniel Mulroy
• Comments Off on Lawsuit alleges a disabled inmate forced to sleep on the floor for 21 days

Kitten Keyes is an inmate at the Grand Valley Institution for Women in Kitchener, Ontario. Keyes is a person with disabilities who uses a wheelchair and states that she was forced to sleep on the floor of her cell for 21 straight days because her cell was not accessible. » Read the rest

OHRC releases policy statement on vaccine mandates

• September 27, 2021
• Amanda Dimilta
• Comments Off on OHRC releases policy statement on vaccine mandates

On September 22, 2021, the Ontario Human Rights Commission (OHRC) released its statement regarding the Ontario government’s requirement that residents provide proof of full vaccination to access certain public settings, specifically higher risk indoor facilities.

The OHRC states that the mandate is generally permissible under the Ontario Human Rights Code (link), as long as those who cannot be vaccinated are reasonably accommodated. » Read the rest

Peel Police and the Ontario Human Rights Commission partner to address systemic racism and discrimination

• September 23, 2021
• Daniel Mulroy
• Comments Off on Peel Police and the Ontario Human Rights Commission partner to address systemic racism and discrimination

In October 2020 the Peel Regional Police, the Peel Police Services Board and the Ontario Human Rights Commission (“OHRC”) signed a memorandum of understanding committing to work together to address systemic racism in the force.

The memorandum comes as Multiple concerns around systemic racism in the Peel police force have recently come to light. » Read the rest

Have your say and help make K-12 education more accessible for students with disabilities

• September 7, 2021
• Amanda Dimilta
• Comments Off on Have your say and help make K-12 education more accessible for students with disabilities

The K-12 Education Standards Development Committee is asking for feedback regarding its recommendations to the Ontario government for proposed accessibility standards for K-12 education. The initial report drafted by the Committee contains 197 recommendations that are covered across nine broad themes including:

1. attitudes, behaviours, perceptions and assumptions
2. awareness and training
3. curriculum, assessment and instruction
4. digital learning and technology
5. organizational barriers
6. social realms
7. physical and architectural barriers
8. planning for emergencies and safety framework
9. timelines and accountability

You can read this report here (link). » Read the rest

David Baker’s thoughts on the paper “Should Economics Play a Greater Role in the Adjudication of Human Rights Claims? The Examples of Injury to Dignity and the Duty to Accommodate”

• August 27, 2021
• David Baker
• Comments Off on David Baker’s thoughts on the paper “Should Economics Play a Greater Role in the Adjudication of Human Rights Claims? The Examples of Injury to Dignity and the Duty to Accommodate”

American economist, Milton Friedman, has pointed out that discrimination can impose economic costs on those engaging in discrimination as well as upon their victims (Milton Friedman, Capitalism and Freedom, 2002). David Lewis and Ian Currie have made a valuable contribution by pointing out how these costs can be quantified in the interests of better-informed decision-making. » Read the rest

Manitoba Court of Appeal affirms that there is no duty for an employer to investigate before terminating an employee

• July 21, 2021
• Daniel Mulroy
• Comments Off on Manitoba Court of Appeal affirms that there is no duty for an employer to investigate before terminating an employee

A recent Manitoba Court of Appeals case, McCallum v Saputo Dairy Products GP (link) reaffirmed that there is no duty on an employer to investigate before terminating an employee.

The appellant, Patrick McCallum, was a sales representative for the respondent, Saputo Dairy Products GP (“Saputo”).   » Read the rest

Ontario Superior Court Unclear on IDEL Interpretation

• July 20, 2021
• BakerLaw
• Comments Off on Ontario Superior Court Unclear on IDEL Interpretation

The Ontario Superior Court has released its third decision involving whether or not Ontario’s Infectious Disease Emergency Leave Regulation (“IDEL”) under the Employment Standards Act (“ESA”) removes an employee’s right to sue for constructive dismissal at common law. » Read the rest