"Discrimination and the shifting shape of accommodation in Ontario 2000-2015" 48 The Advocates' Quarterly
The author reviews the inconsistent interpretation between jurisdictions of the procedural duty to accommodate and argues that the application in Ontario is a miss-interpretation of the law and leads to distorted results.
"Emerging Issues in Disability Management - Duty to Accommodate (Prepared for the 2013 Canadian Health and Wellness Innovation Conference)" Alexander Holburn Beaudin + Lang LLP - Publications
A look at Section 13 of the British Columbia Human Rights Code through the Rsh v BC HRTO case, covering the employer's duty to accommodate. Union involvement from the Richmond Firefighters Association represented bagining unit employees in the City of Richmond's Fire Department.
"Conceptualizing Addiction as Disability in Discrimination Law: A Situated Comparison" 46:1 Contemporary Drug Problems 58
Comparison between Canadian and Australian discrimination law in addressing addiction as a disability; merely conceptualizing addiction as a disability will not be enough to reduce discrimination faced by addicted individuals, and instead, foundational legal policies neeed to be established; culture of ableism, even within approaches aimed at reducing discrimination altogether, are prevalent and need to be addressed if addiction is to be accommodated appropriately.
"Litigating to Advance the Substantive Equality Rights of People with Disabilities" in Bruce Porter & Martha Jackman (eds) Advancing Social Rights in Canada (Irwin Law Inc)
Reiterates that standards in the workplace should be as inclusive as possible, and that litigation in cases such as Meorin and Grismer could help to seriously advance substantive equality for those with disabilities.
"Accommodation in the 21st Century" for the Canadian Human Rights Commission
Assesses the potential for Meorin and Grismer decisions to change the face of what accommodation of disability means in the modern workplace. Explores whether the jurisprudence in current courts and tribunals are following through with humanitarian promises.
"The Authority of Human Rights Tribunals to Grant Systemic Remedies" 6:1 Can J Hum Rts 1
Argues that tribunals should use the principle of effective remedies when exercising their authority to grant systemic remedies. This should especially be the case when government respondents argue for remedies following the nature of corrective justice.
"Stewart v Elk Valley: The Case of the Cocaine-Using Coal Miner", All Papers - Osgoode Digital Commons 323
Discussion prepared for the Ontario Bar Association Institue 2018, Exploring the Evolving Definition of Disability and Evidence to Support It. Reviews decision of Stewart v Elk Valley; addiction (including both substance use and behavioural matters) is accepted as mental illness.
"Studwick v Applied Consumer & Clinical Evaluations Inc., 2016 ONCA 520" CanLII Connects
Article briefly describes the facts in a seminal case on harassment and poisoned work environment. Discusses vicarious liability of the company for a manager's harassment of a deaf employee, compounded by the fact that the manager was the guiding mind of the corporation. Article notes that this is the first known civil case to apply Human Rights Code damages in addition to civil damages.
"An Examination of the Duty to Accommodate in the Canadian Human Rights Context" Background Paper on behalf of the Parliamentary Information and Research Service (Library of Parliament, Canada)
Background paper for the Parliamentary Information and Research Service, Legal and Legislative Affairs Division - discusses the duty to accommodate (legslative framework, judicial interpretations) as well as grounds of discrimination (disability, religion, gender or sex, family status).
"Privacy and the Accommodation Process", as Tab 6 of The Law Society of Upper Canada's Continuing Professional Development conference on June 16, 2016 titled The Duty to Accommodate in the Workplace
On the balance between right to privacy and sufficient information required for appropriate accommodation; review of recent Canadian case law discussing privacy issues involved in workplace accommodation.