Human Rights Law Conference 2025: Day 2

Course Chairs
Sandra F. Guarascio (she/her) — Roper Greyell LLP, Vancouver
Lindsay Waddell (she/her) — Moore Edgar Lyster LLP, Vancouver

About the Course Chairs
Sandra Guarascio (she/her) is a partner with Roper Greyell LLP. She 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 representation and 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, advocate, 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 Waddell (she/her) is a partner at Moore Edgar Lyster LLP where she practices human rights, labour, administrative, and professional regulatory law. She acts for public and private sector unions, individuals and professional regulators on a wide variety of matters.

Lindsay is an experienced litigator who has appeared as counsel at all levels of court and in front of all manner of administrative tribunals. She has extensive experience as counsel in judicial review and appeals involving complex human rights, administrative law, and freedom of expression issues. When not litigating, Lindsay also conducts independent investigations for institutional clients and acts as independent legal counsel to administrative tribunals and decision-makers.

Lindsay is a former co–chair of the Human Rights Subsection of the CBABC, a regular speaker for Lancaster House and Labour Law Online, an annual instructor at the Canadian Labour Congress Winter School, and a contributing author and editorial board member for the Administrative Law Practice Manual published by CLEBC.

Planning Committee
Devyn Cousineau (she/her) — Vice-Chair, BC Human Rights Tribunal, Vancouver
Elias Jimenez Gonzalez (he/him) — Forte Workplace Law, Surrey
Koml Kandola (she/her) — Kandola Arbitration Services Ltd., North Vancouver
Guuduniia La Boucan (she/her) — Staff Lawyer, BC's Office of the Human Rights Commissioner, Victoria
Allison Lachance (she/her) — First Nations Health Authority, West Vancouver
Jitesh Mistry (he/him) — Jitesh Mistry, Labour Arbitration and Mediation Services, Burnaby
Sonya Sabet-Rasekh (she/her) — BC General Employees' Union, Burnaby
Laura Track (she/her) — Community Legal Assistance Society, Vancouver
Robyn P.M. Trask (she/her) — Vice-Chair, BC Labour Relations Board, Vancouver
David G. Wong (he/him) — Fasken Martineau DuMoulin LLP, Vancouver
Kristen Woo (she/her) — Legal Counsel, BC Public School Employers Association, Vancouver

Faculty
Matthew Allard (he/him) — Fasken Martineau DuMoulin LLP, Vancouver
Elias Jimenez Gonzalez (he/him) — Forte Workplace Law, Surrey
Katherine A. Hardie (she/her) — BC Human Rights Tribunal, Vancouver
Heather D. Hoiness (she/her) — Legal Counsel, BC Human Rights Tribunal, Vancouver
Carly Hyman (she/her) — General Counsel, BC’s Office of the Human Rights Commissioner, Victoria
Krista James (she/her) — Policy Director & Senior Legal Counsel, Vancouver Coastal Health, Vancouver
Guuduniia La Boucan (she/her) — Staff Lawyer, BC's Office of the Human Rights Commissioner, Victoria
Jadine (Jay) Lannon (they/them) — Emergency Communications Professionals of BC, Vancouver
Graham Litman (he/him) — BC Ombudsperson, Victoria
Carolyn MacEachern (she/her) — Young Anderson, Vancouver
Catalina Rodriguez (she/her) — Forte Workplace Law, Surrey
Amanda Jane Scott (she/her) — Young Anderson, Vancouver
Maria Sokolova (she/her) — Staff Lawyer, BC’s Office of the Human Rights Commissioner, Vancouver 
Joana Thackeray (she/her) — Legal Counsel, BC Human Rights Tribunal, Vancouver
Jacky Xu (he/him) — Roper Greyell LLP, Vancouver

Click here for full faculty bios

• review and update of significant BC Supreme Court, BC Court of Appeal, and Supreme Court of Canada cases

• what division of powers issues means and why lawyers appearing before the tribunal should be alive to them 
• the analytical framework for deciding division of powers questions and as applied in British Columbia Teachers' Federation (cob Chilliwack Teachers' Assn) v. Neufeld, 2024 BCHRT 232
• procedural options for resolving division of powers issues before the tribunal 
• avoiding common pitfalls of raising division of powers issues in an application to dismiss, including insufficient evidence and/or argument

• since the decision of British Columbia v. Gregoire, 2005 BCCA 585 ("Gregoire") was released in the mid 2000s, the common understanding amongst human rights practitioners is that a human rights complaint dies with the complainant. That is to say, the estate (or anyone else) cannot pursue a human rights complaint on behalf of someone who is deceased.
• the approach in Gregoire differs from that of other jurisdictions, where complaints on behalf of deceased individuals can continue against private parties, albeit with some limits
• Gregoire remains undisturbed in BC despite changes to the Wills, Estate, and Succession Act which broadened the remedies available to estates on behalf of deceased individuals. However, with the tribunal's recent backlog, Gregoire is becoming more and more pertinent and the tribunal may have to revisit the applicability of Gregoire in the coming years.

• updates on the Commissioner's inquiries on: 
  • the Adult Guardianship Act and Inquiry report We’re Still Here
  • Police and City use of exclusion zones to restrict media access during downtown Eastside forced eviction, April 5-6, 2023
  • disproportionate impact of use of force by police on certain groups of marginalized people
• updates on cases in which the Commissioner was/is an intervenor 
  • BC Teachers Federation obo Chilliwack Teachers' Association v. Barry Neufeld
  • Gitxaala and Ehattesaht v. HM the King in the Right of BC, 2023 BCSC 1680
  • RR v. Vancouver Aboriginal Child and Family Services Society, 2025 BCCA 151
  • City of Abbotsford v. Matsqui-Abbotsford Impact Society & Attorney General of British Columbia v. Matsqui-Abbotsford Impact Society (joined appeals)

• provide an overview of procedural issues in s. 8 cases
• review the "bona fide reasonable justification" defence in relation to complaints of discrimination
• provide an update on novel cases that have been heard by the BC Human Rights Tribunal and the courts since 2018

• recognizing how trauma and overlapping identities shape communication, trust, and power dynamics in dispute resolution processes
• how trauma-informed, intersectional, and intracultural approaches enhance fairness, dignity, and meaningful participation
• adapting communication styles, using flexible processes, and incorporating cultural protocols
• building trust through active listening, validation, and inclusive framing of issues
• strategies for avoiding re-traumatization and fostering psychological safety