Human Rights Law Conference 2023: Day 1

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, 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.

Welcome
Elder S7aplek Bob Baker — Cultural Advisor, Performer, Squamish Nation

Bob Baker, Cultural Advisor, Performer, Squamish Nation Bob Baker (Squamish Ancestral name is S7aplek, Hawaiian name is Lanakila) is co-founder and Spokesperson for Spakwus Slolem (Eagle Song) the most reputable Dance Group of the Squamish Nation.

Born and Raised Squamish, Bob has been exercising his Culture through Singing, Dances, and various presentations, for over 35 years. Accomplishments range from revival of Sea-going Canoes and traditions, to Cultural projects such as the 27 ft. Grandmother Welcome Figure, at Ambleside Beach Park, to dance presentations in Taiwan, Hawaii, Japan, Switzerland, (Montreaux Jazz Festival), and opening Ceremonies for Western Canada Summer games, Nation Aboriginal Hockey Championships, International U18 Lacrosse Championships, and recently, opening ceremony for the Canada Aboriginal Music Awards. To Blessing Ceremonies for BC Ferries, in Flensburg, Germany and the Tallships flotilla Blessing Ceremony here at English Bay, Vancouver. On-going performances and projects continue through-out the Lower Mainland, Vancouver, Squamish-Whistler, and Vancouver Island.

In the warmer months, Bob can be found training in the traditional dug-out war canoes, as well as the Great Sea-going Canoes, and as a steersman for Tribal Journeys, and the Pulling Together Journey, visiting Villages along our beautiful coasts of BC and Washington State.

Planning Committee
Tonie Beharrell — Southern Butler Price LLP, North Vancouver
Devyn Cousineau — BC Human Rights Tribunal, Vancouver
Koml Kandola — Kandola Arbitration Services Ltd., North Vancouver
Allison Lachance — First Nations Health Authority, West Vancouver
Jitesh Mistry — Jitesh Mistry, Labour Arbitration and Mediation Services, Burnaby
Harmit Sarai — Forte Workplace Law, Surrey
Laura Track — Community Legal Assistance Society, Vancouver
Robyn P.M. Trask — BC Teachers' Federation, Vancouver
Kristen Woo — Legal Counsel, BC Public School Employers Association, Vancouver

Faculty
Rachel Au (she/her) — Dentons Canada LLP, Vancouver 
Robin Dean (she/her) — BC Human Rights Tribunal, Vancouver
Sara Forte (she/her) — Forte Workplace Law, Surrey
Heather M. Hettiarachchi (she/her) — Integritas Workplace Law Corp., Richmond
Heather D. Hoiness (she/her) — BC's Office of the Human Rights Commissioner, Vancouver
Jaime H. Hoopes (he/him) — Roper Greyell LLP, Vancouver
Richard B. Johnson (he/him) — Ascent Employment Law Corporation, Vancouver
Guuduniia La Boucan (she/her) — Staff Lawyer, BC's Office of the Human Rights Commissioner, Victoria
Jadine (Jay) Lannon (they/them) — Forte Workplace Law, Surrey
Christopher M. McHardy (he/him) — McCarthy Tétrault LLP, Vancouver
Sylvia Nicholles (she/her) — Department of Justice, Indigenous Rights and Relations, Vancouver
Emily Ohler (she/her) — Chair, BC Human Rights Tribunal, Vancouver
Lauren Soubolsky (she/her) — McCarthy Tétrault LLP, Vancouver
Trevor Thomas (he/him) — Ascent Employment Law Corporation, Vancouver
Laura Track (she/her) — Community Legal Assistance Society, Vancouver

Course Materials Contributors
Jim Boyle — Forte Workplace Law, Surrey
Jessica Forman — Forte Workplace Law, Surrey
Jessica Hoskins (she/her) — McCarthy Tétrault LLP, Vancouver
Harmit Sarai — Forte Workplace Law, Surrey

Click here for full faculty bios

• key cases
• analysis and trends
• effects on practice

• the development of the prima facie test for family status discrimination in BC
• provide a comparative analysis of the BC test and developments in the law on prima facie discrimination across Canada, with a focus on the prima facie test for family status discrimination in other jurisdictions
• analyze the BCCA's decision in Gibraltar Mines and provide an assessment of the current status of the prima facie test for family status discrimination in BC and questions that remain after the BCCAs decision

• overview of individual vs. collective rights in the human rights context
• caveat and outline of the paper and presentations—the point here is to put forward a principled approach to this new protected ground, not to be perfect
• how does Indigenous Identity differ from other already protected grounds such as race, ancestry, colour, and place of origin? Overview of BCHRT jurisprudence and the lead up to the inclusion of Indigenous Identity as a protected ground
• how does external jurisprudence, particularly from Charter cases such as Dickson, inform the development of the ground of Indigenous Identity?
• practical takeaways for practitioners—how to approach a file when Indigenous Identity is claimed as a protected ground

• importance of a diverse and inclusive human rights bar
• barriers to a diverse and inclusive human rights bar
• practical examples of what is working and what work needs to be done by our human rights bar