Human Rights Law Conference 2022: 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, 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 Waddell (she/her) is a partner at Moore Edgar Lyster LLP where she practices human rights, labour, administrative, constitutional, 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. When not litigating, Lindsay also conducts independent investigations for institutional clients.

Lindsay is frequently asked to teach and present to audiences on a wide range of subjects including human rights, labour law, advocacy, and ethical issues. She is co-chair of the Human Rights Subsection of the CBABC, a regular panelist for Lancaster House, and an instructor at the Canadian Labour Congress Winter School. 

Featured Speaker
Isabel (Sa-Gyo) Jackson (she/her) — Department of Justice, Vancouver

Isabel (Sa0Gyo) Jackson is a member of the Gitxsan First Nation from Gitanmaax (Hazelton) BC.

Isabel graduated from UBC Law School in 1998 and was called to the BC bar in 1999. She is counsel with the federal Department of Justice where she has worked in the Litigation and Dispute Resolution Section since 2001. Working in the federal public service was commended to her by her father, Captain Fred Jackson, who was a retired vessel master with the Department of Fisheries and Oceans. As part of her practice she is most grateful for her work toward resolving the claims of Indian Residential School survivors and for the freedom she has within the Department to raise the profile of Indigenous people and issues.

But the role she takes the most pride and satisfaction from is being the grandmother of Joel and Izzy.

Planning Committee
Tonie Beharrell (she/her) — Southern Butler Price LLP, North Vancouver
Devyn Cousineau (she/her) — BC Human Rights Tribunal, Vancouver
Sara Forte (she/her) — Forte Workplace Law, Surrey
Koml Kandola (she/her) — Kandola Arbitration Services Ltd., North Vancouver
Christopher M. McHardy (he/him) — McCarthy Tétrault LLP, Vancouver
Laura Track (she/her) — Community Legal Assistance Society, Vancouver
David G. Wong (he/him) — Fasken Martineau DuMoulin LLP, Vancouver
Kristen Woo (she/her) — Director, Human Rights Office, Simon Fraser University, Burnaby

Faculty
Aleem S. Bharmal, KC (he/him) — Community Legal Assistance Society, Vancouver
Jonathan Blair (he/him) — Community Legal Assistance Society, Vancouver
barbara findlay, KC (she/her) — Law Office of barbara findlay KC, Vancouver
Katherine A. Hardie (she/her) — BC Human Rights Tribunal, Vancouver
Carly Hyman (she/her) — Staff Lawyer – Inquiries and Investigations, BC's Office of the Human Rights Commissioner, Victoria
Richard B. Johnson (he/him) — Ascent Employment Law Corporation, Vancouver  
Sarah Khan, KC (she/her) — General Counsel, BC's Office of the Human Rights Commissioner, Vancouver 
Guuduniia La Boucan (she/her) — Staff Lawyer, BC's Office of the Human Rights Commissioner, Victoria
Daniel McBain (he/him) — Moore Edgar Lyster LLP, Vancouver
Victoria Merritt (she/her) — Dentons Canada LLP, Vancouver 
Nazeer T. Mitha, KC (he/him) — Mitha Law Group, Vancouver
Leanne Monsma (she/her) — Fasken Martineau DuMoulin LLP, Vancouver
Dr. Jaleh Shahin, M.Ed., PhD, ABPP (she/her) — Registered Psychologist (BC, Alberta & Ontario), Board Certified in Clinical Psychology, UPsilon Clinic Inc., Vancouver
Adrienne S. Smith (they/them) — Adrienne Smith Law, Vancouver
David G. Wong (he/him) — Fasken Martineau DuMoulin LLP, Vancouver

Welcome (9:00 – 9:10)

Judicial Review Update (9:10 – 10:00)

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

Katherine A. Hardie (she/her) — BC Human Rights Tribunal, Vancouver
David G. Wong (he/him) — Fasken Martineau DuMoulin LLP, Vancouver

BREAK (10:00 – 10:15)

Five Years Out: The Impact of Schrenk on Human Rights Jurisprudence Across Canada (10:15 – 11:00)

• is the ratio from Schrenk being properly applied? That is, are tribunals, commissions and courts conducting a contextual analysis in order to determine if there is a sufficient nexus between the discriminatory conduct and the employment context? 
• are the concurring and dissenting reasons being considered in the application of Schrenk?
• has the decision in Schrenk been applied to other areas of discrimination, that is, beyond discrimination regarding employment?
• what impact, if any, has the decision in Schrenk had on human rights and, in particular, the volume of complaints that commissions or tribunals receive?

Daniel McBain (he/him) — Moore Edgar Lyster LLP, Vancouver 
Leanne Monsma (she/her) — Fasken Martineau DuMoulin LLP, Vancouver

Human Rights Commissioner's Inquiry and Intervention Powers Under the Human Rights Code (11:00 – 12:00)

• how the Commissioner is utilizing her inquiry powers, including:
  • how we are conducting the Commissioner's first public inquiry into hate during the COVID-19 pandemic
  • how the Commissioner has used her order powers in both the Hate Inquiry and in work related to systemic discrimination in policing
  • providing an overview of research reports for the Hate Inquiry
  • how we're addressing qualitative and quantities data and evidence when conducting inquiries
  • ways that we're trying to design Inquiry procedures in a trauma-informed and procedurally fair manner
• how the Commissioner chooses cases to intervene in and a summary of the cases she's intervened in so far

Carly Hyman (she/her) — Staff Lawyer – Inquiries and Investigations, BC's Office of the Human Rights Commissioner, Victoria
Sarah Khan, KC (she/her) — General Counsel, BC's Office of the Human Rights Commissioner, Vancouver 
Guuduniia La Boucan (she/her) — Staff Lawyer, BC's Office of the Human Rights Commissioner, Victoria

LUNCH with Featured Speaker (12:00 – 1:30)

Reconciliation in Action in the Legal Profession

Isabel (Sa-Gyo) Jackson (she/her) — Department of Justice, Vancouver

Issues in Human Rights for Trans People (1:30 – 2:20)

• gender identity and gender expression case law relating to the workplace
• elements of a gender-affirming workplace 

barbara findlay, KC (she/her) — Law Office of barbara findlay KC, Vancouver
Adrienne S. Smith (they/them) — Adrienne Smith Law, Vancouver

BREAK (2:20 – 2:35)

Group and Class Complaints (2:35 – 3:25)

• what is the criteria for a complaint to be accepted as group or class complaint?
• what are the challenges?
• review of Golden Eagle Blueberry Farm decision

Aleem S. Bharmal, KC (he/him) — Community Legal Assistance Society, Vancouver
Jonathan Blair (he/him) — Community Legal Assistance Society, Vancouver
Nazeer T. Mitha, KC (he/him) — Mitha Law Group, Vancouver

Mental Health and Performance Management: Threading the Needle (3:25 – 4:15)

• the interplay between an employer's duty to accommodate mental illness and an employer's obligation to engage in appropriate performance management
• challenges for practitioners advising both employers and employees, given the rise in mental health awareness, and in a remote work environment where identifying and accommodating mental health concerns is more difficult
• the legal issues inherent in these situations, and share practical guidance on navigating them effectively, with a particular focus on accommodation strategies

Richard B. Johnson (he/him) — Ascent Employment Law Corporation, Vancouver  
Victoria Merritt (she/her) — Dentons Canada LLP, Vancouver
Dr. Jaleh Shahin, M.Ed., PhD, ABPP (she/her) — Registered Psychologist (BC, Alberta & Ontario), Board Certified in Clinical Psychology, UPsilon Clinic Inc., Vancouver

Closing Comments (4:15 – 4:20)