Available on Journal of Law & Equality Website
"Defending the Human Rights Codes from the Charter" 9 Journal of Law & Equality 1
The article distinguishes between how discrimination is determined under the Ontario Human Rights Code and the Charter of Rights. An extensive discussion of the distinctions between prima facia discrimination under the codes and discrimination in a substantive sense under the Charter and the different thresholds of proof required by the claimant under each statue. Defines systemic discrimination under human rights codes.
"Undercompensating for Discrimination: An Empirical Study of General Damages Awards Issued by the Human Rights Tribunal of Ontario" 13 Journal of Law & Equality 91
A discussion of damages at the Ontario Human Rights Tribunal. A policy argument that current conventional damages are too low to effectively accomplish the Codes objectives. A good explanation of how damages are determined. Contrasts the damages consequences of perusing a claim iat the Tribunal vs. Court.
"Prima Facia Discrimination: Is Tranchemontagne Consistent with the Supreme Court of Canada's Human Rights Code Jurisprudence?" 9 Journal of Law & Equality 33
Argues that the decision in Tranchemontagne to import a substantive test at the prima facia stage, into human rights tribunal cases, shifts the burden onto the claimant to prove that the rule was substantively discriminatory and is inconsistent with previous Supreme Court of Canada decisions.