Bakerlaw is a recognized leader in disability and human rights law with extensive experience representing non-profit organizations, employees, patients, students and parents from a wide range of social, economic and ethnic backgrounds.
Based in Toronto, Canada, we offer a broad range of litigation services, and also advocate for our clients outside the courtroom in mediations and negotiations, and through government relations and research work.
The plaintiffs in a proposed class action Sagharian et al. v. Ontario will make a motion to the Court on April 25, 2012 to discontinue the action. Click here for the Notice containing full details.
David Baker recently participated in the 2011 Alliance for Equality of Blind Canadians conference in Brantford Ontario. Mr. Baker spoke at a workshop on filing a human rights complaint. Click here for the audio stream.
David Baker recently gave a submission at the Supreme Court of Canada in the case of the Canadian Human Rights Commission, et al. v. Attorney General of Canada.
The case concerns the authority of the Canadian Human Rights Tribunal to award costs to complainants who are successful in advancing claims of discriminatory treatment in contravention of the Canadian Human Rights Act.
Mr. Baker spoke on behalf of the Council of Canadians with Disabilities, which has intervenor status in the case.
Click here to view a summary of the case on the Supreme Court’s website.
Click here to watch a video. Mr. Baker speaks from 58:18 to 69:42.
Toronto – November 29, 2010 – Today the Federal Court of Canada released a landmark decision concerning the right of Canadians with disabilities to access government websites.
Justice Kelen has ruled that Canada’s federal government must deliver key websites in a useable format for blind and partially-sighted Canadians. Canada will now be joining with numerous other countries – such as the United States, Australia and EU member states – that have already made their federal websites accessible. The tools and standards for building accessible websites are inexpensive and widely available to web developers.
Click on the following links to view the full release: Plain text | PDF.
Click on the following links to view Justice Kelen's full decision. The first several pages of the document provide a detailed overview of the matter: Plain text | PDF.
As part of the Law Commission's project to develop a coherent framework for the Law as it Affects Persons with Disabilities, it commissioned six research papers, including a paper from Cara Wilkie, Meryl Zisman Gary and David Baker on the Right to Disability-Related Supports. The paper considers the importance of disability-related supports for achieving substantive equality and reviews the major obstacles in Canadian caselaw to successful claims for such supports.
Click here to read the full paper in html format on the Law Commission of Ontario website.
The Canadian Human Rights Tribunal has ordered that Air Canada must reinstate Bakerlaw clients George Vilven and Neil Kelly, pilots who have been fighting to return to work and fly beyond Air Canada’s retirement age of 60.
Click here to read coverage in the Toronto Star.
Click here to read the Globe and Mail’s story on the case.
The Canadian Press recently covered the story of Hassan Almrei, who is bring an action against Federal agencies for his imprisonment for 8 years under a security certificate. Bakerlaw lawyer Nicole Chrolavicius is acting as co-counsel to Mr. Almrei on the case.
Click here to view the full article on Maclean's magazine's website.
Bakerlaw senior associate David Baker and articling student Erin Hallock have completed a new paper entitled “The Relationship Between Long-Term Disability Benefits and The Duty to Accommodate: The Plaintiff’s Perspective.”
Click here for the full paper in Word format.
Click here for the full paper PDF format.
The Law Times has published an editorial in support of Bakerlaw client Donna Jodhan's Charter of Rights challenge against the Federal Government over websites that are inaccessible to blind and partially sighted web users.
"The government should drop its reluctance and heed Jodhan’s call for improved accessibility," writes Glenn Kauth, the author of the editoral. "As the online world grows in importance, there’s no justification for leaving people with disabilities behind."
Click here to view the full editorial on the Law Times website.
Donna Jodhan's web accessibility Charter Challenge against the Federal Government was covered by a number of major media outlets. Bakerlaw's David Baker and Meryl Gary were in Federal Court from September 21st-23rd arguing Ms. Jodhan's case. The court is now resting, and has said that it deliver its verdict in approximate six months' time. Depending on the outcome, an appeal process could subsequently take place.
There was an excellent turn-out in court by members of the blind and partially sighted communities and their supporters, and at the conclusion of the hearings the judge noted the “unprecedented” level of interest in the case.
The governments of many countries, including the United States, EU member states and Australia have already made their websites accessible to blind users. Canada's Federal Government has refused to follow suit, despite the fact that accessible sites are easy and inexpensive to build and maintain.
Below are links to a few of the media stories on the case:
"Blind woman says federal websites discriminate against the visually impaired" by Laurie Monsebraaten, Toronto Star 2010/09/19. Click here to read the article.
"Blind woman challenges government web access" CBC.ca 2010/9/21. Click here to read the full story.
"Blind woman sues feds" As it Happens 2010/9 /20 Click here for the episode (audio interview is in Part Two of the broadcast).
"Blind woman sues government, says its websites are not accessible" Globe and Mail (Canadian Press2010/9/21). Cick here for the full story.
