- October 14, 2015
- Comments Off on Age Discrimination in Employment in the Post Mandatory Retirement Era
On October 16, 2015, David Baker will be speaking at the Toronto Reference Library on age discrimination in employment in the post-mandatory retirement era.
The event is free and will be from 1 – 2 pm in the Beeton Auditorium at the Toronto Reference Library (789 Yonge Street). For more information regarding the event, click here (link to event). » Read the rest
- September 23, 2015
- Comments Off on Citizens With Disabilities – Ontario: Facing a Future with Assisted Suicide
On Sunday, October 4, 2015, Citizens With Disabilities – Ontario (CWDO) is presenting its “Facing a Future with Assisted Suicide” webinar (link to flyer for webinar).
Dr. Eric Wasylenko, Director of the Dosseter Centre of Health Ethics, will moderate, with disability rights lawyer David Baker and health law expert Gilbert Sharpe forming the expert panel leading the discussion on the remaining questions that need to be addressed in the wake of the Supreme Court of Canada’s decision in Carter v Canada (Attorney General), 2015 SCC 5 (link to case). » Read the rest
- September 16, 2015
- 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
- April 20, 2015
- Comments Off on Department of National Defence turns down foreign-trained professionals despite shortage
Starting Monday April 13, 2015, bakerlaw appeared before the Canadian Human Rights Commission in Toronto on behalf of Arthur Keith, a former U.S Air Force psychiatrist. Despite a shortage of mental health staff in the Canadian military, and despite Dr. Keith being licensed to practice in Ontario, his applications have been consistently turned down due to a policy that excludes foreign-born and foreign-trained specialists due to a required extra level of certification. » Read the rest
- April 16, 2015
- Comments Off on Lobbyists, public office holders and conflict of interest
On April 14, 2015, the Globe and Mail reported that city councillor and vocal Uber opponent Jim Karygiannis received thousands of dollars in donations from the taxicab industry in the lead up to last year’s election (link to article).
Section 140-45 of the Toronto Municipal Code, Lobbying (the Lobbying By-law), which provides that “lobbyists shall not place public office holders in a conflict of interest or in breach of the public office holders’ codes of conduct or standards of behaviour” (link to Toronto Municipal Code’s Lobbying By-law). » Read the rest
- April 14, 2015
- 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 11th 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
- March 6, 2015
- Comments Off on Accommodating Age in the Workplace
On March 24, 2015, David Baker will be delivering a paper at the Law Society of Upper Canada’s ‘Accommodating Age in the Workplace’ CPD event. The event will examine what the virtual elimination of mandatory retirement will mean for employers accommodating an aging workforce.
- January 30, 2015
- Comments Off on Issues in Litigation when Workplace Investigations are Conducted
Workplace investigations are becoming increasingly routine in the today’s business environment. When a workplace investigation is conducted in an employment or human rights matter that ends up proceeding to litigation, the results of that investigation can be very valuable. However, there are a number of issues of which an employee must be aware in terms of their rights with respect to the workplace investigation and its results, including:
- The workplace investigation must be fair;
- The employee must err on the side of caution and assume that the limitation period for preserving their legal rights is running while the workplace investigation is being conducted; and
- Unless explicitly stated to the contrary, the employee should assume the employer will claim the results of the workplace investigation as privileged and confidential.
- January 5, 2015
- Comments Off on The Challenges of ‘Glass Ceiling’ Litigation
“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
- November 28, 2014
- Comments Off on Ontario Human Rights Commission Releases Statement on Sexual Harassment and the Human Rights Code
On November 25, 2014, the Ontario Human Rights Commission (OHRC) released a statement on “Sexual Harassment and the Ontario Human Rights Code” (link to statement). In the statement, the OHRC notes that it was prompted to issue the statement as a result of ‘recent events’ (i.e. the allegations of sexual harassment both on Parliament Hill and at the CBC), triggering “a nationwide discussion about the continued occurrence of sexual harassment and violence against women throughout Canadian society.” » Read the rest