As of August 1, 2022, bakerlaw has joined forces with Ross & McBride LLP.
Our team is excited to become part of the formidable group of human rights, employment, and constitutional lawyers at Ross & McBride. Our current and future clients will continue to receive the personalized, high-quality representation that has become synonymous with bakerlaw, and will benefit from the collaborative, cross-functional approach to complex issues that both we and Ross & McBride value. With the added resources of larger, full-service firm, this collaboration will allow us to take on new clients for the first time since October 2021. If you are seeking legal advice, please contact us at contact@rossmcbride.com
The content on this page is no longer being updated here. For news and updated content you can find it on the Ross & McBride News page.
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
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:
- attitudes, behaviours, perceptions and assumptions
- awareness and training
- curriculum, assessment and instruction
- digital learning and technology
- organizational barriers
- social realms
- physical and architectural barriers
- planning for emergencies and safety framework
- 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
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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
Issues with Artificial Intelligence: The Need for Regulation
- July 6, 2021
- Daniel Mulroy
- Comments Off on Issues with Artificial Intelligence: The Need for Regulation
The Law Commission of Ontario (LCO) has initiated a multiyear, multidisciplinary project to research the development, and impact of artificial intelligence (AI), automated decision-making (ADM) and algorithms on access to justice, human rights, and due process.
A recent publication from the LCO, Regulating AI: Critical Issues and Choices (link), discusses the issues that arise from the use of AI and ADM, and calls for significant regulatory reform in Ontario. » Read the rest
Protected Ground of Citizenship does not Include Permanent Residency
- June 21, 2021
- BakerLaw
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Ontario’s Divisional Court allowed an application for judicial review regarding the 2018 case of Haseeb v. Imperial Oil (Link) .While the Tribunal had ruled that the protected ground of citizenship extended to permanent residents, the Divisional Court disagreed and overturned this finding. » Read the rest
Nico’s Amendment: Changes to immigration laws expected to address discrimination against applicants with disabilities
- June 4, 2021
- BakerLaw
- Comments Off on Nico’s Amendment: Changes to immigration laws expected to address discrimination against applicants with disabilities
The Federal government has announced it will be changing the current discriminatory immigration laws which create an additional hurdle for migrants with disabilities and illnesses.
The change arises from Felipe Montoya’s personal experience navigating the discriminatory immigration rules. Mr. Montoya came to Canada in 2012 under a work permit for a tenured position at York University in the faculty of environmental studies. » Read the rest
Eyes Open: An Anti-Asian Racism PSA
- May 28, 2021
- BakerLaw
- Comments Off on Eyes Open: An Anti-Asian Racism PSA
Eyes Open: An Anti-Asian Racism PSA (link) provides a powerful and poignant message encouraging all Canadians to recognize historical and present injustices in our communities.
With a marked rise in anti-Asian racism, this Asian Heritage Month, the Chinese Canadian National Council for Social Justice has launched the #FaceRace Campaign. » Read the rest