Practice Area: Human Rights

OMHRA Summer ECHO Newsletter Features Two Articles by Jessica Toldo

The Summer 2018 issue of OMHRA’s ECHO newsletter features two articles authored by Hicks Morley lawyer Jessica Toldo. In the article “Landmark Decision Finds FIPPA’s Delay / Block of Public Access to Adjudicative Records of Administrative Tribunals Unconstitutional,” Jessica discusses the Toronto Star v AG Ontario case where a landmark decision prompted by the Toronto Star, the Superior Court of Justice found…

Human Rights Tribunal of Ontario Decision on Post Age 65 Benefits Raises Important Issues

· 5 min read

The recent decision from the Human Rights Tribunal of Ontario (Tribunal) in Talos v. Grand Erie District School Board raises important issues about the provision of benefits to employees aged 65 and older. In Talos, the Tribunal found that section 25 (2.1) of the Ontario Human Rights Code (Code), which effectively permits employers to cease providing employees with benefits at age 65, is unconstitutional. More specifically, the Tribunal held that this age-based “carve out” from Code protection violates the equality guarantee under section 15 of the Canadian Charter of Rights and Freedoms (Charter) and cannot be justified under section 1 of the Charter as a reasonable limit.

Privacy Rules Around Non-Disclosure of Administrative Records Declared Unconstitutional

· 7 min read

The Ontario Superior Court of Justice recently held that the Ontario Freedom of Information and Protection of Privacy Act (FIPPA) violates section 2(b) of the Canadian Charter of Rights and Freedoms (Charter), finding that it goes too far to protect the privacy of parties, witnesses and others in matters heard by the Ontario Human Rights Tribunal, Ontario Labour Relations Board and other statutory tribunals. Learn more in this FTR Now.

Lauri Reesor Quoted in Benefits Canada on #MeToo in the Workplace

Benefits Canada quoted Hicks Morley’s Lauri Ressor in a May 11, 2018 article titled “A Workplace Guide for the #MeToo Era.” With the #MeToo movement in full swing in recent months mostly focused on high-profile cases of sexual harassment in the entertainment industry and the political sphere, Benefits Canada discusses what employers should be doing to respond to a new reality of zero tolerance for misbehaviour.

Northwestern Ontario Human Resources Professionals Association (HRPA) HR Employment and Labour Law Conference

Overview The 2018 HR Employment and Labour Law Conference will challenge the way employers think about human resources. Subjects include Human Rights and Health and Safety Case Law, Social Media use, Employer Obligations for creating a Psychologically Safe Workspace, Attendance Support Programs, Obligations to support Transgender/Transitioning Employees, Bill 148, Investigations and Terminations – Best Practices,…

Ontario Implements Anti-Racism Act Regulations

· 2 min read

On April 20, 2018, the Ontario government filed regulations under the Anti-Racism Act, 2017 (ARA) setting out personal information that certain public sector organizations (PSOs) will be authorized or required to collect under the ARA for the purpose of eliminating systematic racism.