Articles written by BakerLaw

Age Discrimination in Employment in the Post Mandatory Retirement Era

  • October 14, 2015
  • BakerLaw
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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

Citizens With Disabilities – Ontario: Facing a Future with Assisted Suicide

  • September 23, 2015
  • BakerLaw
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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

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

  • September 16, 2015
  • BakerLaw
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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

Department of National Defence turns down foreign-trained professionals despite shortage

  • April 20, 2015
  • BakerLaw
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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

Lobbyists, public office holders and conflict of interest

  • April 16, 2015
  • BakerLaw
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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

Tribute to champion of disability rights, Helen Henderson

  • April 14, 2015
  • BakerLaw
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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

Accommodating Age in the Workplace

  • March 6, 2015
  • BakerLaw
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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.

To read David Baker’s paper, ‘Age Discrimination in Employment in the Post-Mandatory Retirement Era’, please click here (link to paper). » Read the rest

Issues in Litigation when Workplace Investigations are Conducted

  • January 30, 2015
  • BakerLaw
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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:

  1. The workplace investigation must be fair;
  2. 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
  3. Unless explicitly stated to the contrary, the employee should assume the employer will claim the results of the workplace investigation as privileged and confidential.
» Read the rest

The Challenges of ‘Glass Ceiling’ Litigation

  • January 5, 2015
  • BakerLaw
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Discrimination is often not overt. In cases of systemic discrimination, the dynamics are even more subtle, as the discrimination cannot be isolated to direct actions or statements. Moreover, systemic discrimination is often not intentional.  As Justice Abella put it in her 1984 Report of the Commission on Equality in Employment (link to report),

“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

Ontario Human Rights Commission Releases Statement on Sexual Harassment and the Human Rights Code

  • November 28, 2014
  • BakerLaw
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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

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