Human Rights Law Conference 2019

Course Chairs
Sandra F. Guarascio — Roper Greyall LLP, Vancouver
Lindsay M. Lyster, QC — Moore Edgar Lyster LLP, Vancouver

About the Course Chairs
Sandra Guarascio is a partner with Roper Greyell LLP, Vancouver who 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 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 the annual CLEBC 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.

Planning Committee Members
Tonie Beharrell — Legal Counsel, Health Sciences Association of BC, Vancouver
Devyn Cousineau — BC Human Rights Tribunal, Vancouver
Sara Forte — Forte Law Corporation, Surrey
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

Featured Luncheon Speaker
Kasari Govender — Human Rights Commissioner of BC, Vancouver

Faculty
Elizabeth Allan — Sugden, McFee & Roos LLP, Vancouver
Matthew Allard — Fasken Martineau DuMoulin LLP, Vancouver
Tricia L. Auton — Investigations Legal Officer, WorkSafeBC, Vancouver
Tonie Beharrell — Legal Counsel, Health Sciences Association of BC, Vancouver
Abigail Cheung — McCarthy Tétrault LLP, Vancouver
Lindsay Clement — Investigations Legal Officer, WorkSafeBC, Vancouver
Sara Forte — Forte Law Corporation, Surrey
Katherine A. Hardie — BC Human Rights Tribunal, Vancouver
Heather Hettiarachchi — Investigations Legal Officer, WorkSafeBC, Richmond
Heather D. Hoiness — Moore Edgar Lyster LLP, Vancouver
E.W. (Heidi) Hughes — Ministry of Attorney General, Vancouver
Dalya Israel — Executive Director, WAVAW Rape Crisis Centre, Vancouver
Ian Kennedy — Rosenberg Law, Vancouver
Paula Krawus — Kent Employment Law, Vancouver
Raji Mangat — Executive Director, West Coast Womens's LEAF, Vancouver
Myrna McCallum — Miyo-Pimatisiwin Legal Services, North Vancouver
Angela McGeachan — General Counsel, Safe Software Inc., Surrey
Christopher M. McHardy — McCarthy Tétrault LLP, Vancouver
Stephanie T. Mayor — Black Gropper, Vancouver
Julie Menten — Roper Greyell LLP, Vancouver
Christopher Munroe — Roper Greyell LLP, Vancouver
Tina Parbhakar — Vice-Chair, South Asian Legal Clinic of BC, North Vancouver
Amber Prince — Atira Women's Resource Society, Vancouver
Susanna Quail — Allevato Quail & Roy, Vancouver
Tamara Ramusovic — Moore Edgar Lyster LLP, Vancouver
Monique Ronning — McCarthy Tétrault LLP, Vancouver
Samuel Singer — Assistant Professor, Faculty of Law, Thompson Rivers University, Kamloops
Laura Track — Community Legal Assistance Society, Vancouver
Melissa VanderHouwen — Moore Edgar Lyster LLP, Vancouver
Amita Vulimiri — Community Legal Assistance Society, Vancouver
Lindsay Waddell — Moore Edgar Lyster LLP, Vancouver
David G. Wong — Fasken Martineau DuMoulin LLP, Vancouver

Course Materials Contributors
Jessica L. Derynck — Legal Counsel, Health Sciences Association of BC, New Westminster
Fabian Jankovic — Summer Student, Fasken Martineau DuMoulin LLP, Vancouver
Richard B. Johnson — Kent Employment Law, Vancouver
Kas Pavanantharajah — Black Gropper, Vancouver
Robin Sandhu — Investigations Legal Officer, WorkSafeBC, Richmond
Wendy E. Woloshyn — Kent Employment Law, Vancouver

Click here for full faculty bios »

Day 1: Thursday, November 14, 2019

Welcome and Land Acknowledgement

Sandra F. Guarascio — Roper Greyall LLP, Vancouver
Lindsay M. Lyster, QC — Moore Edgar Lyster LLP, Vancouver

Judicial Review Update

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

Matthew Allard — Fasken Martineau DuMoulin LLP, Vancouver
Katherine A. Hardie — BC Human Rights Tribunal, Vancouver
Amita Vulimiri — Community Legal Assistance Society, Vancouver
David G. Wong — Fasken Martineau DuMoulin LLP, Vancouver

Break

Charter Values and Human Rights Adjudication

• s. 15 of the Charter and the statutory purposes of the Code, in particular, prohibiting discrimination
• role of Charter values that are not tied to a particular infringement, for example, the "shared values—equality, human rights and democracy" or "liberty"
• balancing of Charter values in administrative decision-making
• what is happening in other jurisdictions

Heather D. Hoiness — Moore Edgar Lyster LLP, Vancouver
E.W. (Heidi) Hughes — Ministry of Attorney General, Vancouver
Raji Mangat — Executive Director, West Coast Womens's LEAF, Vancouver

Reconciliation and Trauma Informed Representation

• trauma informed lawyering
• culturally informed practice
• reflections on representing Indigenous clients at the BCHRT

Myrna McCallum — Miyo-Pimatisiwin Legal Services, North Vancouver
Amber Prince — Atira Women's Resource Society, Vancouver

Lunch with Featured Speaker

Kasari Govender — Human Rights Commissioner of BC, Vancouver

Reducing Employee Benefits on Protected Leaves: Pregnancy and Disability Discrimination

• a review of cases involving the denial and reduction of certain benefits during pregnancy and disability-related leaves
• how adjudicators determine whether a reduction or proration of a benefit is discriminatory
• provide a list of benefits, common language, and how they have been classified
• compare and contrast the approaches in arbitral law and the Human Rights Tribunal

Stephanie T. Mayor — Black Gropper, Vancouver
Christopher Munroe — Roper Greyell LLP, Vancouver

Break

Dealing with Addiction Related Misconduct

• managing disabilities, including addiction issues, within the disciplinary processes of self-regulating professions
• review of the decision in Stewart v. Elk Valley Coal Corp., [2017] SCJ No. 30, its effect on the application of the Gooding case, and subsequent cases

Elizabeth Allan — Sugden, McFee & Roos LLP, Vancouver
Tonie Beharrell — Legal Counsel, Health Sciences Association of BC, Vancouver
Julie Menten — Roper Greyell LLP, Vancouver

Ethics Fact Patterns

• what would/should you do?
• discussions in context

Sandra F. Guarascio — Roper Greyall LLP, Vancouver
Lindsay Waddell — Moore Edgar Lyster LLP, Vancouver

Day 2: Friday, November 15, 2019

Welcome

Case Law Update

• key cases
• analysis and trends
• effects on practice

Abigail Cheung — McCarthy Tétrault LLP, Vancouver
Christopher M. McHardy — McCarthy Tétrault LLP, Vancouver

Discriminatory Action Complaints Under the Workers Compensation Act

• "personal harassment" or "bullying and harassment" as an occupational health and safety issue
• "physical or mental impairment" under s. 4.19 of the Occupational Health and Safety Regulation
• practice and procedures, particularly in relation to concurrent proceedings
• the "make-whole" principle in remedy awards

Tricia L. Auton — Investigations Legal Officer, WorkSafeBC, Vancouver
Lindsay Clement — Investigations Legal Officer, WorkSafeBC, Vancouver
Heather Hettiarachchi — Investigations Legal Officer, WorkSafeBC, Richmond

Break

The Interplay of Race, Colour, Ancestry, and Place of Origin in BC Human Rights Cases

• review of leading BCHRT cases about the characteristics of race, colour, ancestry, and place of origin, with special attention to how these form grounds within the human rights framework, both on their own and together
• connections between race, colour, ancestry, and place of origin and the characteristics of gender and disability
• linkages between racism and other forms of discrimination as well as with power and law (inclusive of the legal community)

Tina Parbhakar — Vice-Chair, South Asian Legal Clinic of BC, North Vancouver

Trans Identity and Trans Equality Under Human Rights Law

• review of key findings in the decisions Oger v. Whatcott and AB v. CD
• legal advancements in two contexts: the contentious movement in societal views on transgender identities and the evolving law of equality rights, especially as they are balanced against fundamental freedoms of expression and religion
• unique issues that may arise in dealing with allegations of discrimination on gender identity

Susanna Quail — Allevato Quail & Roy, Vancouver
Monique Ronning — McCarthy Tétrault LLP, Vancouver
Samuel Singer — Assistant Professor, Faculty of Law, Thompson Rivers University, Kamloops

Networking Lunch (provided)

"Desperate Times and Extraordinary Measures": Remedies Beyond ITD Damages

• review of Tribunal-ordered remedies other than injury to dignity damages, including: equity programs, under s. 37(c)(ii); making available opportunities denied, under s. 37(d)(i); and lost wages/expenses, under s. 37(d)(i)
• identify defining characteristics, trends in the case law, and inconsistencies either within the Tribunal's jurisprudence or between approaches taken by the Tribunal and other decision-makers
• tools available to Human Rights practitioners and practical and strategic considerations when addressing costs, settlement enforcement mechanisms, and improper conduct applications

Ian Kennedy — Rosenberg Law, Vancouver
Paula Krawus — Kent Employment Law, Vancouver
Tamara Ramusovic — Moore Edgar Lyster LLP, Vancouver

Break

Ending Workplace Sexual Harassment—A Call to Arms

• why we need to move beyond traditional harassment policies and training to combat workplace harassment
• new paths forward, with a new vision of respectful workplace training including bystander and civility training 
• one company's experience in developing and delivering customized and innovative respectful workplace training to its entire workforce as one facet of a coordinated plan to make its already inclusive workplace even more welcoming and respectful

Sara Forte — Forte Law Corporation, Surrey
Angela McGeachan — General Counsel, Safe Software Inc., Surrey

Team Work Makes the Dream Work: Support People, Representatives, and Access to Justice for Vulnerable Complainants

• duty of confidentiality and different kinds of privilege when involving support people in legal representation
• practical considerations for managing client relationships where support people are involved
• implications of the BCHRT's Report of the Working Group on Strengthening Tribunal Processes for Representative Complaints (released May 2019)

Melissa VanderHouwen — Moore Edgar Lyster LLP, Vancouver
Dalya Israel — Executive Director, WAVAW Rape Crisis Centre, Vancouver
Laura Track — Community Legal Assistance Society, Vancouver

Closing Remarks

Sandra F. Guarascio — Roper Greyall LLP, Vancouver
Lindsay M. Lyster, QC — Moore Edgar Lyster LLP, Vancouver