Human Rights Theory and Practice

An in-depth, practical program for
those who deal with human rights
matters in the workplace, classroom
and other settings
The Osgoode Certificate in
Human Rights
Theory and Practice
“I leave this program impressed, motivated and so much more
knowledgeable on human rights issues. I will be recommending
it to my colleagues unequivocally”
Laura Colella
Special Advisor, Commission for Public Complaints Against the RCMP
April 27 – May 1, 2015 | Toronto, Canada
Why You Should Attend
Legislation governing human rights can be found in every province and territory, as well
as federally. The Supreme Court of Canada has ruled that this legislation has a unique
quasi-constitutional status, and should be interpreted broadly to advance the legislation’s
purposes to prevent and remedy discrimination.
Program Details
Interpreting and applying human rights legislation presents a complex and often unique set
of challenges. At the same time, failure to comply with human rights laws can be very costly
to organizations, both in terms of money and time spent defending claims, as well as the
consequent reputational damage should an individual’s claim be upheld by the tribunal.
Dates
Day One
Human Rights:
Theory and Practice
April 27, 2015
This unique, comprehensive and in-depth program, now in its second year, will give you
the knowledge and practical skills to competently and confidently handle day-to-day
challenges as well as more complex human rights issues. The certificate is taught by
a highly distinguished faculty of practising lawyers and academics drawn from
across Canada.
Day Two
Duty to Accommodate /
Dealing with Competing Rights
April 28, 2015
Day Three
Evidence in Human Rights Matters
April 29, 2015
In-class lectures will be supplemented by simulations, case studies and hands-on
workshops giving you a practical skills-focused learning experience.
Day Four
Evidence in Human Rights Matters
(Con’t) / Remedies
April 30, 2015
Learning Outcomes
Day Five
Advanced Topics in Human Rights
Law & Practice
May 1, 2015
• Theories of rights
Participants will be better equipped to deal appropriately with human rights
matters by learning about and building upon their knowledge of:
• The modern political, cultural and recent historical forces that contributed
to the development of human rights concepts
The program will be held at Osgoode
Professional Development’s Downtown
Toronto Conference Centre.
For Further Program–Related
Information
Please contact:
David Thomas
Senior Program Lawyer
at 416.673.4672 or
email [email protected]
• Human rights in the Canadian context and their relationship with international
human rights provisions
• The concepts of discrimination and harassment
• The duty to accommodate in relation to gender, disability, religion/creed,
family status and other human rights grounds
• The interplay between human rights legislation and other related legislative regimes
• The review and implementation of institutional human rights policy
• Strategic decision-making to resolve complaints through informal or formal processes
• The role of human rights agencies (Commissions, Tribunals, Advocacy Centres)
and the Courts
• Advocacy before human rights or other tribunals
• Identifying and resolving ethical issues and issues of fairness in human rights matters
• Dealing with the aftermath of a human rights complaint
Who Should Attend
• Human Rights Professionals
• Human Resources Professionals
• Human Rights Lawyers
• In-House Counsel
• Trade Union Representatives
• Diversity / Equity Officers
• Disability and Return to Work Managers
• Employment and Labour Law Practitioners
• Human Rights and Equity Consultants
T H E O S G O O D E C E R T I F I C AT E I N H U M A N R I G H T S T H E O R Y A N D P R A C T I C E
Over five consecutive one-day modules, an expert faculty will explore the key concepts of human rights law
theory and practice. This unique certificate program goes beyond traditional classroom-based learning, and
includes lectures, simulations, workshops and group discussions.
THE CURRICULUM
DAY ONE
April 27, 2015, 9:00 a.m. – 4:30 p.m.
Human Rights: Theory and Practice
• Theories of rights ‒ the Hohfeldian analytical system
• The Canadian Human Rights system ‒ history and current practices
- from late 19th century to post-WWII
- domestic provincial human rights law and policy
- Federal level, including Bill of Rights, Canadian Human Rights Act
and the Employment Equity Act
- The Constitution: Canadian Charter of Rights and Freedoms
- Human rights interplay with Charter [ss.15, 7, 2(b)], the influence
of international human rights standards
• The bigger picture
- the evolution of the concepts of equality and discrimination
- universality of human rights principles / cultural relativism
(within a Canadian context)
- cultural change and organizational change
• The enforcement of human rights laws in Canada
- human rights systems in Canada ‒ a comparative analysis
- roles of those with rights, duties and responsibilities under
human rights law
DAY TWO (Cont’d)
- implementing the decision
- the importance of record keeping
- the limits of accommodation: undue hardship and the key factors
to consider
• Intersectionality: addressing multiple grounds in human rights claims
• Competing rights and (argued) hierarchies of rights
• Proving discrimination
• Creating model human rights policies ‒ guidance for developing
and implementing model human rights policies in your organization
• Small group exercise: the duty to accommodate in relation to
disability and creed
Faculty
Raj Dhir, Acting Legal Director, Ministry of Aboriginal Affairs
Legal Services Branch
Dr. Gwen Brodsky, Barrister & Solicitor
Frances Kelly, Vancouver Community Legal Assistance Society
Geri Sanson, Sanson Law Office Professional Corporation
Faculty
Dianne Pothier, Professor Emerita, Schulich School of Law
Dalhousie University
Patrick Case, Assistant Professor, University of Guelph
Adjunct Professor, Osgoode Hall Law School
Diana Wintermute, Staff Lawyer, ARCH Disability Law Centre
Karen Wendling, Associate Professor, University of Guelph
Milé Komlen, Director of Human Rights and Equity Services
McMaster University
Dianne Pothier, Professor Emerita, Schulich School of Law
Dalhousie University
Laurie Arnott, Senior Consultant, Faculty and Academic Relations
University of Guelph
Susan Ursel, Ursel Phillips Fellows Hopkinson LLP
Sharmaine Hall, Senior Counsel, Human Rights Legal Support Centre
Faisal Bhabha, Assistant Professor, Osgoode Hall Law School
York University
Melany Franklin, Mediator, Sideroad ADR
Shelagh Day, President & Senior Editor, Canadian Human Rights Reporter
DAY THREE
DAY TWO
April 28, 2015, 9:00 a.m. – 4:30 p.m.
Duty to Accommodate / Dealing with Competing Rights
• The Duty to Accommodate: Theory and Practice
- recognising the need to accommodate
- procedural and substantive accommodation
- information gathering and assessing needs
- making informed decisions
April 29, 2015, 9:00 a.m. – 4:30 p.m.
Evidence in Human Rights Matters /
Simulation Exercise
This practical, interactive session will use the Kahneman “thinking
fast and thinking slow” analysis to show how “embedded self-delusions”
that impact decision-making can be overcome.
• Questioning assumptions in human rights matters
- what mental processes shape our judgement about evidence
in human rights fact situations?
- when assessing evidence, how do intuition and emotion combine
with deliberative thought?
Register online today at www.osgoodepd.ca
DAY THREE (Cont’d)
DAY FOUR (Cont’d)
• Record Keeping
- highlighting best practices
- special concerns with medical recordkeeping
- dealing with concerns regarding electronic recordkeeping
Alan Whyte, Cunningham, Swan, Carty, Little & Bonham LLP
• Simulation: participants will engage in an in-class simulation exercise of
a workplace human rights dispute. The fact situation will involve current
complex issues in systemic discrimination and gender discrimination
Faculty
Patrick Case, Assistant Professor, University of Guelph
Adjunct Professor, Osgoode Hall Law School
Lisa Addario, Legal Counsel, Public Service Alliance of Canada
Mahejabeen Ebrahim, Director of Equity, University of Waterloo
Amelia Golden, Golden Investigations
Janina Fogels, Counsel and Manager of Client Services - Application
Services, Human Rights Legal Support Centre
DAY FOUR
April 30, 2015, 9:00 a.m. – 4:15 p.m.
Evidence in Human Rights Matters (Cont’d) /
Remedies
Day 4 commences with a follow up and debrief of the Day 3 simulation
exercise. This session focuses on the experiences gleaned from the
simulation exercise, to better understand the concepts of systemic
racism and sexism at play in the workplace, and connecting the learning
outcomes to the applicable case law.
In the afternoon, the focus shifts to the remedial powers of human rights
tribunals. In addition to discussing the more traditional remedies of
damages and/or reinstatement (for example in a case of discrimination
in the workplace), faculty will also explore what systemic remedies are
available in such cases.
Kathy Laird, Executive Director, Human Rights Legal Support Centre
Naomi C. Overend, Vice Chair, Human Rights Tribunal of Ontario
David B. Butt, Barrister
DAY FIVE
May 1, 2015, 9:00 a.m. – 4:30 p.m
Advanced Topics in Human Rights Law & Practice
• Workplace restoration: This session will explore strategies and
techniques for re-establishing harmonious working relationships
amongst individuals at the workplace following a harassment complaint,
and addressing the challenges involved, including:
- the impact of investigations on the health of workplaces
- dealing with the threat of reprisals
- strategies for devising a workplace restoration plan
- healthy workplace best practices ‒ strategies to move the
workplace forward to create a positive, and healthy work environment
• Judicial review
- assessing what kinds of human rights decision making
attracts judicial intervention?
• Advancing the law
• New developments in human rights law: a panel discussion
- discrimination based on family status
- duty to accommodate on religious grounds
- wither undue hardship?
- freedom of expression in competition with the right to
equal treatment on human rights protected grounds
Faculty
Neil P. Edwards, Olanyi Parsons Law
• Debriefing the simulation
Andrew Pinto, Pinto Wray James LLP
• Writing a report in contemplation of a review ‒ tips and tools
Peter Engelmann, Sack Goldblatt Mitchell LLP
• Interplay between human rights legislation and other
legislative provisions
- employment standards
- disability accessibility legislation
- labour laws
Colleen Sheppard, Professor, Director, Centre for Human Rights
and Legal Pluralism, McGill University
• The remedial powers of human rights tribunals
• Systemic remedies: current examples of innovative solutions
being crafted by human rights tribunals
Raj Anand, WeirFoulds LLP, Adjunct Faculty, Osgoode Hall Law School
Yola Grant, Associate Chair, Human Rights Tribunal of Ontario
Reema Khawja, Legal Counsel, Ontario Human Rights Commission
Bruce B. Ryder, Associate Professor, Osgoode Hall Law School
York University
• Damages
• Overcoming the practical challenges to enforcing human
rights settlements
Faculty
Kelly Doctor, Sack Goldblatt Mitchell LLP
Arleen Huggins, Koskie Minsky LLP
Register online today at www.osgoodepd.ca
The Osgoode Certificate in Human Rights Theory and Practice
draws on the expertise of leading human rights experts,
including:
Lisa Addario, Legal Counsel, Public Service
Alliance of Canada
Kathy Laird, Executive Director, Human Rights
Legal Support Centre
Raj Anand, WeirFoulds LLP, Adjunct Faculty
Osgoode Hall Law School
Naomi C. Overend, Vice Chair, Human Rights
Tribunal of Ontario
Laurie Arnott, Senior Consultant, Faculty and
Academic Staff Relations, University of Guelph
Andrew Pinto, Pinto Wray James LLP
Faisal Bhabha, Assistant Professor
Osgoode Hall Law School, York University
Dr. Gwen Brodsky, Barrister and Solicitor
David B. Butt, Barrister
Patrick Case, Assistant Professor, University of
Guelph; Adjunct Professor, Osgoode Hall Law School
Dianne Pothier, Professor Emerita
Schulich School of Law, Dalhousie University
Bruce B. Ryder, Associate Professor
Osgoode Hall Law School, York University
Geri Sanson, Sanson Law Office Professional
Corporation
Shelagh Day, President & Senior Editor
Canadian Human Rights Reporter
Colleen Sheppard, Professor, Director
Centre for Human Rights and Legal Pluralism
McGill University
Raj Dhir, Acting Legal Director, Ministry of
Aboriginal Affairs, Legal Services Branch
Susan Ursel, Ursel, Phillips Fellows
Hopkinson LLP
Kelly Doctor, Sack Goldblatt Mitchell LLP
Karen Wendling, Associate Professor
University of Guelph
Mahejabeen Ebrahim, Director of Equity
University of Waterloo
Neil P. Edwards, Olanyi Parsons Law
Peter Engelmann, Sack Goldblatt Mitchell LLP
Janina Fogels, Counsel and Manager of Client
Services - Application Services, Human Rights
Legal Support Centre
Melany Franklin, Mediator, Sideroad ADR
Amelia Golden, Golden Investigations
Yola Grant, Associate Chair, Human Rights
Tribunal of Ontario
Sharmaine Hall, Senior Counsel, Human
Rights Legal Support Centre
Arleen Huggins, Koskie Minsky LLP
Frances Kelly, Vancouver Community Legal
Assistance Society
Reema Khawja, Legal Counsel, Ontario
Human Rights Commission
Milé Komlen, Director Human Rights and
Equity Services, McMaster University
Alan Whyte, Cunningham, Swan, Carty, Little
& Bonham LLP
Dianne Wintermute, Staff Lawyer
ARCH Disability Law Centre
ADVISORY BOARD
PROGRAM DIRECTOR
Patrick Case
Assistant Professor, University
of Guelph; Adjunct Professor
Osgoode Hall Law School
ADVISORY BOARD
Antonella Ceddia, Solicitor, Litigation
City of Toronto
Shelagh Day, President & Senior Editor
Canadian Human Rights Reporter
Arleen Huggins, Koskie Minsky LLP
Fo Niemi, Executive Director, Centre
for Research-Action on Race Relations
(CRAAR)
Dora Nipp, Human Rights Education
& Change Specialist, Ontario Human
Rights Commission
Andrew Pinto, Pinto Wray James LLP
Geri Sanson, Sanson Law Office
Professional Corporation
Susan Ursel, Ursel Phillips
Fellows Hopkinson LLP
“The opportunity provided to network and learn from the
key ‘movers and shakers’ was incredible. I gained invaluable
information from the facilitators and learned a lot from the
diverse group of participants. The week was highly enjoyable.”
Annette Boodram, Diversity & Inclusion Consultant, Talent Acquisition
and Development, York University
“The five days of intensive sessions were most rewarding. As
a human rights practitioner, I got the opportunity to deepen
my theoretical understanding of human rights law in Canada.
Simultaneously, I gathered new skills in promoting the prevention
of human rights violations at the post-secondary level.... Thanks
to Pat Case for his vision and having the courage to step into
the ‘gap’ ”
Nancy Sims, Director, Centre for Human Rights, Equity & Diversity
Humber College
Register online today at www.osgoodepd.ca
“Anyone who manages employees should
take this course”
THE OSGOODE CERTIFICATE IN
HUMAN RIGHTS THEORY AND PRACTICE
SPRING 2015 REGISTRATION
Michele Byrne, Director of Operations/Senior Consultant
MB Diversity and Employment Equity Services
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Fee Per Delegate
CPD Credits
$2,500 plus 13% HST for a total of $2,825.
Fees include attendance, program materials, continental breakfast, lunch and
refreshments for each of the 5 days of the program. The price does not include
accommodations. Please inquire about group discounts and financial assistance. Fees
paid by individuals are eligible for a tuition tax credit. Dress is business casual.
Need accommodations? Check our website at www.osgoodepd.ca/hotelandparking.html
1 4
7 2
O L
Eligible CPD/MCLE hours:
LSUC (ON): 32.75 CPD Hours (32.75 Substantive; 0.0
Professionalism); QC/YK/NT/NB/NU: 30.25 credit hours; BC:
29.75 credit hours; PEI/SK: 30.0 credit hours; NS/MB: 32.5
credit hours; NY CLE Board: 36.0 credit hours in the areas of
professional practice for Transitional and Non-transitional
lawyers. Also eligible for CLE/Insurance Premium Credits Program
offered by the Law Society of PEI and for Alberta CPD credit with
the Law Society of Alberta. Questions? E-mail: cpd@osgoode.
yorku.ca or refer your respective regulatory body to ensure
compliance.
Payment Options — Payment must be made prior to the program
Cheque enclosed (payable to York University — GST# R119306736)
Bill my credit card: VISA Mastercard
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Expiry:
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Payment Amount:
Program Changes
Cancellations/Rainchecks/Substitutions
We will make every effort to present the certificate program as advertised, but
it may be necessary to change the dates, location, speakers or content with
little or no notice. In the event of program cancellation, York University and
Osgoode Hall Law School’s liability is limited to reimbursement of paid fees.
If you are unable to attend the program your organization may name a
replacement. A full refund will be issued for cancellations received a minimum
of 21 days before the program start date. Written cancellations received after
April 6, 2015 will include an administration charge of $700. No refunds will be
issued after the program commences. Non-attendance or withdrawal after the
program start date will incur a full program fee. Payment must be received by
April 20, 2015.
Location
Osgoode Professional Development
Downtown Toronto Conference Centre
1 Dundas St. W., 26th Floor
Toronto, ON M5G 1Z3
For Further Program–Related Information
Please contact: David Thomas, Senior Program Lawyer
at 416.673.4672 or email [email protected].
Public CLE Seminars
Customized CLE Programs
4 Convenient Ways to Register
1.
MAIL your registration form to:
Osgoode Professional Development
Downtown Toronto Conference Centre
1 Dundas St. W., 26th Floor
Toronto, ON M5G 1Z3
2. ONLINE at www.osgoodepd.ca
3. FAX your registration to 416.597.9736
4. CALL US at 416.597.9724 or 1.888.923.3394
Certificate of Program Completion
You will receive a certificate upon completion of The Osgoode
Certificate in Human Rights Theory and Practice. Participants must
attend all program days and pass the take-home assessment to receive
a certificate.
Skills Training & Certification
ITAW
Professional LLM