October 2016 Human Rights Digest
August/September 2016 Human Rights Digest
Volume 83 e-Volume in CHRR Online
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Legal representation Essential for Meaningful Access to Justice
Legal representation is essential for meaningful access to justice in many human rights cases. Canadian human rights regimes were originally conceived with an integrated guarantee of legal advice and representation. Today, however, more and more complainants are responsible for ensuring their own representation in so-called “user friendly processes”. At least one human rights tribunal has recognized that unrepresented complainants are much less likely to succeed (Scowby v. Glendinning (1986), 8 C.H.R.R. D/3677 at para. 29132, per La Forest J., dissenting in the result). At the same time, Canadian human rights jurisprudence recognizes that human rights cases are not strictly private and cannot be equated with a lis between the parties in a court because "the ultimate goal is...
$161,737 for Lost Wages Awarded to Person with a Developmental Disability
DISABILITY — EQUAL PAY / Decision on an application alleging discrimination in employment on the basis of disability. The applicant, who is a person with a developmental delay, alleged that while she performed substantially the same duties as general labourers who did not have developmental disabilities, she was paid significantly less. The Tribunal found that the pay differential was a...
What Was Said
Refusal of Legal Aid Discriminates
“[A] blanket policy to deny funding for all matters arising out of human rights complaints can, in some cases, have a discriminatory result for persons with certain disabilities. Persons who lack the ability to prepare and present their complaints are entitled to accommodation to the point of undue hardship. Persons like Ms. Portman, must have meaningful access to the human rights complaint process. The Legal Services Board's blanket policy does not allow for these important individual...
Human Rights Digest 17-7, October 2016