Academic: Journal Article

Entire volume available on CanLII; Author reviews Honda Canada v Keays with reference to supplemental case-law on costs in wrongful dismissals;  vulnerability of non-unionized employees; employment law and discussion of punitive damages.   

Article filters through human rights disclosure rulings in Canada; concern with levels of confidentiality awarded to persons with disabilities when providing disclosure of medical information. 

Author describes the reluctance of many employees to disclose thier mental health diagnoses due to workplace stigmatization; examines whether currently prescribed by Canadian law affords proper accommodation to such individuals; outlines the need for a seperation between institutional inclusion and social inclusion within the process. 

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. 

Discussion of alcohol dependence and obesity as disabilities; forms of accommodation afforded to individuals with these conditions; comparative law of Canada, UK and Australia; affect of alcohol addiction and obesity on workplace organization; random workplace testing for alcohol. 

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. 

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. 

Official Note: "This paper was prepared for the 'Chains & Links: Human Rights Activism Conference" convened by the Ariel F. Sallows Chair in Human Rights at the University of Saskatchewan. The conference was held in Saskatoon, Saskatchewan, November 1-2, 2007."; Discussion and analysis of VIA Rail Canada Inc v Canadian Transportation Agency, 2007 SCC 15. 

Review of recent legislated changes on mandatory retirement in Canada; advocates a holistic approach to regulation of a worker's older age in order to best promote the right to age equality for senior workers, balancing this with the rights of employers and society overall.

Using an approach to age discrimination that values the equal concern and treatment of at any point in time of their lives (labeled the 'Dignified Lives Approach'); argues that the duty to accommodate younger workers with disabilities should equally apply to seniors with disabilities, and that the duty to accommodate senior workers should include any age-related needs apart from direct disability concerns.