The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/50808
"Human rights is one of the most exciting areas of law right now. The changes in the law and the interesting issues that we're faced with are unparalleled. We're dealing with groundbreaking cases with a very profound impact on society." — BARBARA JOHNSTON, STIKEMAN ELLIOTT LLP But it could also be the worst of times for complainants and respondents mired in tortuously slow human rights pro- cesses, designed at a time when the issues seemed less complicated and now over- burdened by the complexity and sheer volume of cases. Look at the fl ow chart of Alberta's Hu- man Rights and Citizenship Commis- sion's complaint process (see page 58) and you may wonder why anyone both- ers to launch a complaint. Laid out like a highly schematized and very dull snakes and ladders board, the fl ow chart details 20 different steps or potential outcomes Covering the widest range of topics … Now includes more than 5,500 cases! a complaint could have as the commis- sion plays out its multiple roles of gate- keeper, investigator, conciliator, and de- cision-maker. And the fi nal step, once all other possibilities have been exhausted, is to refer the case to a separate Human Rights Tribunal for a hearing — a move that must seem to some like "return to 'Go' and do not collect $200." Not only do many human rights and employment lawyers complain that pro- cesses such as this are too slow, many also see them as patently unfair. In principle, the commission is meant to represent the public interest in investigating complaints, Also available on CD-ROM or Internet! Canadian Employment Law Stacey Reginald Ball, of the Ontario, British Columbia and Alberta Bars " … the most comprehensive text on employment law in Canada. It is carefully constructed and accurate." Canadian Bar Review Available in print and electronically, this one-stop reference provides a thorough survey of the law. It clearly analyzes current law and developing trends, suggesting potential avenues of attack as well as identifying potential weaknesses in the law. Updated regularly, the subject-matter is wide-ranging, all- encompassing, and addresses issues such as: wrongful dismissal fiduciary obligations tort law and vicarious liability issues remedies constitutional issues Order your copy today! CL0608 You are a corporate counsel, a lawyer who does not practice em ployment and labour law, or a member of a firm which has been conflicted out or does not have an office in Ontario. You have an important matter which requires representation you will be confident with. Kuretzky Vassos Henderson LLP is widely recognized as one of Canada's leading employment and labour law boutiques. We practise at the cutting edge assisting a wide spectrum of clients ranging from major corporate employers through to individual plaintiffs. Our practice includes employment contracts, wrongful dismissal, collective bargaining, labour board applications, arbitrations, adjudications, employment standards, health & safety, human rights and ADR. To discuss what we can do for you or your client, call Kuretzky Vassos Henderson LLP at (416) 865-0504. Kuretzky Vassos Henderson LLP Suite 1404, Yonge Richmond Centre, 151 Yonge Street, Toronto, Ontario, M5C 2W7 Telephone (416) 865-0504 Facsimile (416) 865-9567 www.kuretzkyvassos.com www.canadalawbook.ca Prices subject to change without notice, and to applicable taxes. www. BALL_Canadian Employment Law (CL 1-4sq).indd 1 7/7/08 9:10:02 AM Law ye rmag.com A UGUST 2008 55 weeding out frivolous ones, resolving oth- ers, and referring intractable ones for a quasi-judicial hearing. Critics of the new Ontario process and that of British Co- lumbia say the old system can provide bet- ter protection to disenfranchised groups or individuals who can't afford legal rep- resentation. But the counter-argument is that commissions may often make arbi- trary decisions in refusing to proceed with certain cases. In the eyes of respondents and their lawyers, commissions often tend to blur the distinction between investiga- tor and prosecutor. Corry bristles with indignation as he