Canadian Work Disability Accommodation Law Resources
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| Author | Year | Title + Citation | Format | Literature: Source Type | Main Category | Sub-category | Other Relevant Tags | Notes on How to Access | Open Access | Code / ISBN / Call # | Short Description |
|---|---|---|---|---|---|---|---|---|---|---|---|
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2008
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"Disability and the Implementation of the Accommodation Duty in the Canadian Workplace by Labour Arbitrators" as an updated version of his article published in R. Echlin & C. Paliare (eds), Law Society of Upper Canada Special Lectures 2007: Employment Law |
Yes
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General overview of main human rights values in employment; disability law; leading principles of accommodation, undue hardship , legitimate operational requirements of a workplace, responsibilities of unions in employment disputes; employees responsibilities. |
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2008
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"The Duty to Accommodate in the Canadian Workplace: Leading Principles and Recent Cases" Ontario Federation of Labour |
Yes
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Discusses leading principals of accommodation law. A review of the legal standard of accommodation and undue hardship. Reviews unions duties in the accommodation process and their potential liabilities. reviews Reviews case law on employees’ duty to participate in the accommodation process and under what grounds the employee can refuse the employer offered accommodation. reviews the duty to accommodate mental health and addiction disabilties and culpable vrs. non-culpable behavior. Brief discussion of perceived disability and drug testing. Reviews case law on employees privacy rights vs. employers need for safety in respect to impairment testing. Discusses employer and employees duties in respect to rebundling work. Also discusses employees right to privacy vs. the employers need for reasonable information for legitimate accommodation objectives. |
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2016
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"Disability Disclosure in the Digital Age: Why the Human Rights Tribunal of Ontario Should Reform Its Approach to Anonymized Decisions" 25 Journal of L and Social Policy 109 |
Yes
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The article gives a significant review of the OHRT adjudication of requests for anonymity in disability cases and discussed the risk of disclosure. It further discusses the balancing of the open courts principle vrs. the right to privacy; the right to privacy vrs. freedom of the press. |
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2009
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"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 |
Yes
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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. |
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2012
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"Has the Charter Made a Difference for People with Disabilities? Reflections and Strategies for the 21st Century" 58:2 Supreme Court Law Review |
Yes
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Article discusses the SCC adoption and continued recognition of the social model of disability through various disability equality cases. |
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2016
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"People with Disabilities and the Charter: Disability rights at the Supreme Court of Canada under the Charter of Rights and Freedoms" 5:1 Canadian Journal of Disability Studies |
Yes
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An empirical study of the Supreme Court of Canada’s interpretation of the Charter of Rights in disability related cases. The study tracks the evolution of the concept of disability discrimination and the the use and evolution of different models of disability. |
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2013
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"Random Alcohol and Drug Testing as a Complex Human Rights Issue", Law Now - Columns |
Yes
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Commentary on SCC case Communications, Energy and Paperworks Union of Canada Local 30 v Irving Pulp and Paper Mill, 2013 SCC 34, and compares ratio to provide an analysis on the then ongoing litigation issues in Alberta Communications, Energy and Paperworks Union Local 707 v Suncor Energy Inc, 2012 ABCA 307; union vs. non-unionized setting on pre-employment drug test and the line of addiction as deciding factor. |
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2019
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"Alberta Human Rights Tribunal Decision Reinstates Reinstatement" Right Angle - Alberta Civil Liberties Research Centre |
Yes
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Article discusses that in rare circumstances reinstatement may be the remedy of choice: where the employer is large and sophisticated, the employee can be placed in an equivalent position but with a different supervisor, and the work is specialized and the employee’s carrier would end without reinstatement do to no other career opportunities. |
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2016
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"Disclosure of Disability Post Termination Won't Negate Dismissal for Cause" Hicks Morley |
Yes
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Discusses case of Bellehumeur v Windsor Factory Supply Ltd, ONCA, in which a terminated employee subsequently discloses a disability - decision states that no discrimination had occurred and employer's have a right to take disciplinary action as required. |
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2009
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"Lost in Translation: The Disability Perspective in Honda v Keays and Hydro-Quebec v Syndicate" 3:1 McGill Journal of Law & Health 137 |
Yes
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A critical examination of undue hardship standard for “non-mainstream” disabilities in employment law and labour law. Duty to accommodate does not require a fundamental change to the nature of the employment relationship. The applicability of human rights law in wrongful dismissal action and collective agreement grievance. A good summary of the basic principals of undue hardship. |