WL
"The Implications of the Social Model of Disablement for the Legal Regulation of the Modern Workplace in Canada and the United States" 33(1) Manitoba Law Journal 1
A philisophical discussion of the market influence on the duty to accommodate. A useful discussion of the standard for an employer to establish BFOR. Discusses analysis to determine reasonable accommodation. Discusses how certain decisions of the SCC have moved towards acknowledgment of the social model of disability.
"Conceptual Challenges in the Application of Discrimination Law in the Workplace" 3 Can J Hum Rts 75
The article discusses the conceptual challange that addiction and mental health pose in being not immutable, pose for establishing prima facia discrimination and how courts/adjudicators have dealt with it. The article addresses the test to determine indirect discrimination and the need to include indirect discrimination to achieve substantive equality.
"Evaluating the Implications of Honda Canada v Keays" 14 Canadian Lab & Emp L J 329
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.
"All Aboard!: The Supreme Court of Canada Confirms that Canadians with Disabilities Have Substantive Equality Rights", 71 Sask L R 39
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.