Academic: Journal Article

"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

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. 

"The Duty to Accommodate in the Canadian Workplace: Leading Principles and Recent Cases" Ontario Federation of Labour

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.

"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

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. 

"Conceptual Challenges in the Application of Discrimination Law in the Workplace" 3 Can J Hum Rts 75

The article discusses the conceptual challange that addiction and mental health pose in being not immutable, pose for establishing prima facia discrimination and how courts/adjudicators have dealt with it. The article addresses the test to determine indirect discrimination and the need to include indirect discrimination to achieve substantive equality. 

"Under the Influence: Discrimination Under Human Rights Legislation and Section 15 of the Charter" 3 Canadian Journal of Human Rights 115

Examines the extent that Charter of Rights concepts for determining prima facia discrimination such as stereotyping, prejudice, arbitrariness apply to finding discrimination under statutory human rights codes. 

"'Reasonable Accommodation' and 'Accessibility': Human Rights Instruments Relating to Inclusion and Exclusion in the Labor Market" 6:3 Societies 1

Uses an analysis of the UN Convention on the Rights of Persons with Disabilities (CRPD), and the main principles of accessibility and the means of reasonable accommodation - the extent to which they are used to protect the human rights of disabled persons in the workplace depends on whether, and to what degree, the state and its workforce embraces the CRPD's values. However, civil society does not have this same obligation, but have a right to participate in the process of designing an inclusive work environment. 

"Survival of the Fittest: The Failure to Accommodate and Compensate in the Canadian Armed Forces" 20:2 Canadian Labour & Employment Law Journal 3Print, 79

The article discusses how the Canadian Armed Forces are exempt by the Canadian Human Rights Code, based on the principle of universality of service, from having to accommodate disabled members, there for being able to terminate them based on medical reasons. This means the Forces are allowed to engage in prima facia discrimination. The universality of service principal is a bona fide occupational requirement. The article argues that the universality principle is not reasonably necessary. 

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