Product Type:
Course
Human Rights Law Conference 2017
Current and Comprehensive
—Rebroadcast— Jump Start on CPD 2018 Wednesday, March 7 and Thursday, March 8, 2018 9:00 am – 4:00 pm (both days) via webinar
(Original course: November 30 and December 1, 2017)
Who should attend: All those who have an interest in human rights issues, including human resource professionals and employment, labour, and human rights lawyers.
Learning level: Intermediate/Advanced
CLEBC is proud to present this year's Human Rights Law Conference. Over the course of two days, we'll address the most current and emerging issues in human rights law. You will walk away from this conference with a substantive look at current trends and practical issues to meet the increasingly complex and sophisticated issues in this area of practice.
At this course, you will:
- hear from counsel of record on the implications of British Columbia Human Rights Tribunal v. Edward Schrenk on the scope of the Human Rights Code
- get up-to-date on developments in accommodation of family status, mental disability, and accommodation in the union setting
- learn best practices for working with limited retainers
- hear about the latest cases and how to apply them to your practice before the Human Rights Tribunal and in the courts
Law Society of BC CPD Hours: 12.75 hours (a minimum of 2.25 hours will involve professional responsibility and ethics, client care and relations, and/or practice management)
Course Chairs Sandra F. Guarascio — Roper Greyell LLP, Vancouver Lindsay M. Lyster — Moore Edgar Lyster, Vancouver
Featured Speaker Matt Eisenbrandt — Special Consultant, Camp Fiorante Matthews Mogerman, Victoria
Pricing Jump Start on CPD 2018 |
EARLY BIRD Register by Feb 5 |
Regular Price After Feb 5 |
Webinar Rebroadcast |
$759 |
$849 |
Webinar Rebroadcast Articled Student |
$419 |
$379 |
Save even more with your CPDone Pass. Registration includes an electronic copy of the course materials. Please note: The CPD hours of the rebroadcast may differ from the CPD hours of the original, live program. |
Webinar Archive: This course will be added to the Webinar Archive.
SPECIAL GROUP RATES! Plus-one pricing! Gather a few colleagues around a computer to SAVE on Webinar/Rebroadcast costs! Groups pay full price for the main registrant + $289 for both days for each additional viewer.* Contact Customer Service for more info.
*If your group includes a student, the first registration must be at the full rate if a lawyer is participating.
Unable to attend without financial support? Learn about our Bursary Program and Easy Pay Plan.
Can't make the course/webinar? Subscribe to: 1. Online Course Materials* — an on-demand archive of CLEBC papers since 2001 2. Webinar Archive* — an on-demand, online video repository of most past CLEBC courses
*Annual subscription rate based on firm size.
CLEBC Program Lawyer Genevieve Chang gchang@cle.bc.ca
Course Chairs Sandra F. Guarascio — Roper Greyell LLP, Vancouver Lindsay M. Lyster — Moore Edgar Lyster, Vancouver
About the Course Chairs
Sandra F. Guarascio is a partner with Roper Greyell LLP, Vancouver and has been recognized by Lexpert, Best Lawyers Canada, and Who's Who Legal for her work in workplace human rights. She assists public and private sector employers by providing balanced, strategic, and proactive advice for unionized and non-unionized environments. Sandra practices in all areas of employment and labour law, with a particular interest in human rights and respectful workplace issues. She is an experienced investigator, facilitator and speaker, and has conducted numerous workshops dealing with management issues, discrimination, accommodation, and workplace harassment and bullying.
Sandra clerked with the BC Supreme Court and was called in 2002. She has been the co-chair of CLEBC's award-winning, annual two-day Human Rights Conference since 2007.
Lindsay M. Lyster joined Moore Edgar Lyster in April 2010 and became a partner in 2011. She served as a member of the BC Human Rights Tribunal between 2002 and 2010. Immediately prior to that, she was the Policy Director of the BC Civil Liberties Association. Before that, Lindsay practiced labour, employment, and public law with a major national law firm for seven years. Lindsay's practice focuses on acting for employees and trade unions in labour, employment, and human rights matters. She has a particular interest in administrative and constitutional law, and has appeared before the Supreme Court of Canada in a number of leading constitutional and human rights cases.
Lindsay graduated from UBC Law School in 1991 as the gold medalist, following which she clerked for Madam Justice McLachlin at the Supreme Court of Canada, before being called to the bar in 1993. Lindsay is the president of the BC Civil Liberties Association. She is the co-chair of CLEBC's annual Human Rights Conference, and is a frequent lecturer and author in labour, human rights, employment, and administrative law, as well as advocacy and legal ethics. She has taught administrative law, federalism, charter litigation, and human rights in the workplace at UBC Law School.
Featured Speaker
Matt Eisenbrandt has over 15 years of experience in the field of international justice, and is one of Canada's leading experts on universal jurisdiction prosecutions and corporate accountability for human rights violations. Matt is currently a Special Consultant at Camp Fiorante Matthews Mogerman on the firm's business and human rights cases, including two lawsuits against Canadian mining companies for alleged abuses connected to their overseas operations. Matt is also a Special Advisor to the Canadian Centre for International Justice, where he spent nine years overseeing the organization's casework on behalf of survivors seeking justice for serious human rights violations. He previously served as the Legal Director for the Center for Justice & Accountability (CJA), a US-based group that holds human rights abusers accountable through legal cases, particularly under the Alien Tort Statute. He was CJA's lead counsel in jury trials against military commanders from El Salvador and Haiti, and a member of the trial team in a lawsuit against a Salvadoran man for his role in the death-squad murder of beloved archbishop Oscar Romero. Matt is the author of Assassination of a Saint, a book about CJA's investigation of Romero's killers.
Matt has a J.D. from the University of Virginia School and B.A. degrees in Latin American studies and History from the University of Illinois at Urbana-Champaign.
Planning Committee Tonie Beharrell — Legal Counsel, Health Sciences Association of BC, Vancouver Jon Chapnick — Senior Advisor, Workplace Mental Health, University of BC, Vancouver Devyn Cousineau — BC Human Rights Tribunal, Vancouver Robyn Durling — Former Co-Director, BC Human Rights Clinic, Vancouver Christopher M. McHardy — McCarthy Tétrault LLP, Vancouver Laura Track — Community Legal Assistance Society, Vancouver Robyn P.M. Trask — BC Teachers' Federation, Vancouver David G. Wong — Fasken Martineau DuMoulin LLP, Vancouver
Faculty Patricia M. Barkaskas — Academic Director, Indigenous Community Legal Clinic and Instructor, Peter A. Allard School of Law, UBC, Vancouver Tonie Beharrell — Legal Counsel, Health Sciences Association of BC, Vancouver Jon Chapnick — Senior Advisor, Workplace Mental Health, University of BC, Vancouver Mark E. Colavecchia — Harris & Company LLP, Vancouver Devyn Cousineau — BC Human Rights Tribunal, Vancouver Matt Eisenbrandt — Special Consultant, Camp Fiorante Matthews Mogerman, Victoria Sandra F. Guarascio — Roper Greyell LLP, Vancouver Stephanie D. Gutierrez — Fasken Martineau DuMoulin LLP, Vancouver Sara Hanson — Moore Edgar Lyster, Vancouver Katherine A. Hardie — BC Human Rights Tribunal, Vancouver Kirsten Hume Scrimshaw — Ally Workplace Law Corporation, Vancouver Krista James — National Director, Canadian Centre for Elder Law, Vancouver Eleni Kassaris — Blake, Cassels & Graydon LLP, Vancouver Kelsey Lavoie, JD, MA — Advocate, Vancouver Island Human Rights Coalition, Victoria Kevin Love — Community Legal Assistance Society, Vancouver Lindsay M. Lyster — Moore Edgar Lyster, Vancouver Brett Matthews — Hastings Labour Law Office LLP, Vancouver Carolyn M. MacEachern — Young Anderson, Vancouver Christopher M. McHardy — McCarthy Tétrault LLP, Vancouver Ryley M. Mennie — McCarthy Tétrault LLP, Vancouver Shona A. Moore, QC — Moore Edgar Lyster, Vancouver Donovan G. Plomp — McCarthy Tétrault LLP, Vancouver Gabriel M.A. Somjen, QC — Borden Ladner Gervais LLP, Vancouver Chanelle C.O. Wong — Norton Rose Fulbright Canada LLP, Vancouver David G. Wong — Fasken Martineau DuMoulin LLP, Vancouver
Click here for full faculty bios »
Day 1: Thursday, November 30, 2017
Welcome and Introduction
Conducting Workplace Investigations
- when and why to investigate
- who should conduct the investigation
- procedural fairness
- legal privilege
- privacy and confidentiality
- cases demonstrating flawed investigations
Tonie Beharrell — Legal Counsel, Health Sciences Associations of BC, Vancouver Donovan G. Plomp — McCarthy Tétrault LLP, Vancouver
Break
Update on Accommodation of Family Status and Family Emergencies
- evolution of the test for prima facie discrimination based on family status in BC and the federal jurisdiction
- the role of the employer, the union, and the employee in exploring accommodation
- boundaries of family status: is there a duty to accommodate personal emergencies, outside of Ontario's statutory right to personal leave?
- caregiving relationships and caregivers are being recognized in the cases and who is missing from the jurisprudence
- the role of human rights law in the search for work-life balance
Kirsten Hume Scrimshaw — Ally Workplace Law Corporation, Vancouver Krista James — National Director, Canadian Centre for Elder Law, Vancouver
A Review of the Scope of the Human Rights Code: Sections 8, 10, and 13
- discussion of the Schrenk case and/or decision before the SCC
- review of the consideration of how relationships impact the question of jurisdiction
- consieration of the extent of and limits to the applicability of the Code to tenancy, services customarily available to the public, and employment
Katherine Hardie — BC Human Rights Tribunal, Vancouver David G. Wong — Fasken, Martineau DuMoulin LLP, Vancouver
Lunch with Featured Speaker: The Nevsun and Tahoe Cases: Litigation in Canada Alleging Abuses in Overseas Operations
- review of BC lawsuit by Eritrean refugees against Vancouver-based Nevsun Resources alleging they were forced labourers at Nevsun's mine in Eritrea, including claim of direct liability, traditional common law torts, and torts in violation of customary international law (i.e.: slavery, forced labour, torture, and crimes against humanity)
- review of BC lawsuit by Guatemalans against BC's Tahoe Resources alleging they were injured when security personnel opened fire on a peaceful protest
- review of applications by Nevsun and Tahoe to stay BC cases under the doctrine of forum non conveniens
Matt Eisenbrandt — Special Consultant, Camp Fiorante Matthews Mogerman Victoria
Break
Mental Disability: Cases, Strategies, and Enabling Insights
- review of notable 'mental disability' decisions from the past year; discussion of themes and common issues
- exploration of strategies and insights to help human rights practitioners navigate 'mental disability' matters: i.e.: identifying and contesting stereotypical assumptions and generalizations; responding to 'pushback' and 'workplace morale problems'
- exploration of the tools and insights provided by a 'trauma-informed' framework
Jon Chapnick — Senior Advisor, Workplace Mental health, UBC, Vancouver Kelsey Lavoie, JD, MA — Advocate, Vancouver Island Human Rights Coalition, Victoria
Judicial Review Update
- review and update of significant BC Supreme Court, BC Court of Appeal, and Supreme Court of Canada cases
Devyn Cousineau — BC Human Rights Tribunal, Vancouver Stephanie D. Gutierrez — Fasken Martineau DuMoulin LLP, Vancouver
Day 2: Friday, December 1, 2017
Welcome and Introduction
Case Law Update
- key cases
- analysis and trends
- effects on practice
Christopher M. McHardy — McCarthy Tétrault LLP, Vancouver Ryley M. Mennie — McCarthy Tétrault LLP, Vancouver
Break
Applications to Dismiss for Complaints Filed Out Of Time
- the parameters for dismissal under section 27(1)(g) of the Code
- review of recent case law
Eleni Kassaris — Blake, Cassels & Graydon LLP, Vancouver
Limited Retainers: Benefits, Risks, and Ethical Considerations
- when to consider using limited retainers
- how limited retainers can increase access to justice
- practical tips for drafting limited retainers
- the risks involved in acting on a limited retainer
- ethical considerations, including when disclosure of a limited retainer is required
Sara Hanson — Moore Edgar Lyster, Vancouver Kevin Love — Community Legal Assistance Society, Vancouver
Lunch
The Duty to Accommodate Doesn't Have To Be "Unduly" Hard!
- the responsibilities of the employer, the union, and the employee in the duty to accommodate
- the benefits of having a cooperative approach
- success stories
Mark E. Colavecchia — Harris & Company LLP, Vancouver Brett Matthews — Hastings Labour Law Office LLP, Vancouver
Case Law Update On the Provision of Services Under Section 8
- procedural issues in section 8 cases, including anonymization, representative complaints, and jurisdiction
- characterization of the service being offered
- is the service customarily available to the public?
- the interaction between section 8 and constitutional freedoms
- bona fide reasonable justification, duty to accommodate, and applications to dismiss in the context of provision of services cases
- other interesting section 8 cases since 2011
Carolyn M. MacEachern — Young Anderson, Vancouver Chanelle C.O. Wong — Norton Rose Fulbright Canada LLP, Vancouver
Break
Ethics Fact Patterns
- what would/should you do?
- discussions in context
Shona A. Moore, QC — Moore Edgar Lyster, Vancouver Gabriel M.A. Somjen, QC — Borden Ladner Gervais LLP, Vancouver
Closing Remarks
This course has no current sessions.
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