Submitted by Section Co-Chair, Catherine Sullivan
Summary of Meetings
Number of Meetings Held: 4
January 22, 2013
Guest Speakers: Frances Kelly and Leah Greathead
Synopsis: Supreme Court of Canada decision in Moore
On November 9, 2012 in an unanimous decision, the Supreme Court of Canada allowed the appeal of Jeffrey Moore v. British Columbia (Education): 2012 SCC 61.
Frances Kelly addressed five legal issues that were raised in the Moore SCC decision: prima facie discrimination, the characterization of the public service, the comparator analysis, undue hardship and systemic discrimination.
Leah Greathead stated that the Moore decision provides guidance about certain aspects of systemic discrimination including the circumstances when and how a complaint filed on behalf of an individual complainant may have broader impact, and what kind of evidence is needed to establish systemic discrimination.
Moore may not have impact outside of its unique facts. Two key pieces of evidence were the closing of the Centre without any replacement or referral plan in place and secondly the evidence of the school psychologist who had recommended to the parents of Jeffrey Moore that they should enroll their son in a private school as there was no District program that could meet his needs.
In Moore the Court confirmed that there needs to be direct evidence of an impact in order to prove an allegation of systemic discrimination.
February 19, 2013
Guest Speaker: Bernd Walter, Chair, and Katherine Hardie, Legal Counsel, BC Human Rights Tribunal
Synopsis: Chair Walter presented on parts of the Tribunal's 2012 Annual Report and Tribunal initiatives. Ms. Hardie presented on 2012 statistical information concerning complaints, practice and procedure, and case law updates. Attendees received a comprehensive update on the Tribunal's annual case load and profile, current Tribunal procedure and practice information, an overview of current and emerging human rights issues, and a summary of important cases decided over the past year.
March 14, 2013
Guest Speakers: Tonie Beharrell, Health Sciences Association of BC; Robyn Durling, BC Human Rights Coalition and BullyFree BC; Kathleen Fleming, WorkSafe BC and Marino Sveinson, Roper Greyell LLP
Synopsis: Bill 14: Workers Compensation mental disorder provisions and the Human Rights Code - Dovetail or Conflict?
The speakers presented information about the new Bill 14 changes and implications for human rights issues. As of March 14, 2013, 1500 section 5 claims had been filed (since July 1, 2012).
April 25, 2013
Guest Speakers: Tony LePage, R.Psych., Judy LePage, R.Psych., Carol Reardon, legal counsel, CUPE and Linnsie Clark, legal counsel, HEU
Synopsis: Personality Disorders, Clinical and Legal Perspectives
The panellists presented information to identify personality disorders that present challenges in the workplace. They reviewed the impact of human rights and employment law considerations such as duty to accommodate, and how these concepts and rights affects workers with personality disorders. They presented practical information about how best to assist employees who may have a personality disorder, or traits of a personality disorder.
Comments and Observations of the Chair
Over the course of the 2012/2013 year, the CBABC Human Rights Law Section has hosted four Section meetings with a number of guest speakers who addressed a range of topics including substantive and practical human rights considerations.
The Human Rights Law Section members have benefitted from the presentations by experienced counsel and an annual update provided by the Chair of the BC Human Rights Tribunal.