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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:

  1. attitudes, behaviours, perceptions and assumptions
  2. awareness and training
  3. curriculum, assessment and instruction
  4. digital learning and technology
  5. organizational barriers
  6. social realms
  7. physical and architectural barriers
  8. planning for emergencies and safety framework
  9. 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
  • Comments Off on 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”

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
  • Comments Off on Protected Ground of Citizenship does not Include Permanent Residency

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

COVID-19 Temporary Layoffs Can Be Constructive Dismissal

  • May 20, 2021
  • BakerLaw
  • Comments Off on COVID-19 Temporary Layoffs Can Be Constructive Dismissal

On April 16th, 2021, the Superior Court of Ontario held that Ontario’s Infectious Disease Emergency Leave Regulation (IDEL) under the Employment Standards Act does not remove a laid-off employee’s common law right to sue for constructive dismissal.

The IDEL Regulation, which was enacted at the beginning of the COVID-19 pandemic, gave non-unionized employees the right to take unpaid, job-protected, infectious disease emergency leave if they were not performing the duties of their position because of reasons related to COVID-19. » Read the rest

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