Articles written by BakerLaw

One Step Closer to Deinstitutionalization

  • October 14, 2015
  • BakerLaw
  • Comments Off on One Step Closer to Deinstitutionalization

Bakerlaw has been working to import the “Olmstead principle” into Canadian human rights law (for an earlier post on the issue click here (link to post). In the Olmstead case, a U.S. court held that it was discriminatory to place people in institutions when they could receive the care they required in the community (for more information read the Olmstead case here (link to case) or visit the Bazelon Centre website (link to website)). » Read the rest

Webinar Success and Upcoming Conference on Medical Assisted Dying

  • October 14, 2015
  • BakerLaw
  • Comments Off on Webinar Success and Upcoming Conference on Medical Assisted Dying

The “Facing a Future with Assisted Suicide” webinar hosted by Citizens With Disabilities was a success! The panel was moderated by Dr. Eric Wasylenko, of the Health Quality Council of Alberta and the Dosseter Centre of Health Ethics, and bakerlaw’s David Baker participated on the “expert panel”. » Read the rest

Age Discrimination in Employment in the Post Mandatory Retirement Era

  • October 14, 2015
  • BakerLaw
  • 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). » Read the rest

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

  • September 23, 2015
  • BakerLaw
  • 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

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

  • September 16, 2015
  • BakerLaw
  • 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

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

  • April 20, 2015
  • BakerLaw
  • 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

Tribute to champion of disability rights, Helen Henderson

  • April 14, 2015
  • BakerLaw
  • 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

Accommodating Age in the Workplace

  • March 6, 2015
  • BakerLaw
  • 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. » Read the rest

Issues in Litigation when Workplace Investigations are Conducted

  • January 30, 2015
  • BakerLaw
  • 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:

  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
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