"Refining the Test for Discrimination in the Context of Special Education: Moore v British Columbia", 10 J L & Equality 71
"From Equal Access to Individual Exit: The Invisibility of Systemic Discrimination in Moore", 10 J L & Equal 93
"Mental Health and Stigma - How Best to Protect Workers From Discrimination", 34 Windsor Review of Legal and Social Issues 1
Official Abstract: "The focus of this article is mental health and workplace disability discrimination in the UK. The article will look at a number of ways that disability discrimination in the UK could be developed to the advantage of people with mental health problems, through an examination of the legislation and through case analysis.The issues that are raised by disability discrimination on the ground of mental health are pertinent to all legal systems that have enacted laws to try and protect people suffering from disability discrimination.
"Everybody's Business: Human Rights Enforcement and the Union's Duty to Accommodate", 18 Canadian Lab & Emp L J 209
Author discusses Central Okanagan School District v Renaud (1992) and encouraged cooperation between unions and employers to accommodate employee disabilities; however, subsequent tribunals have interpreted this as holding unions co-liable; author calls on SCC to clarify Renaud.
"Tackling Disability Discrimination at Work: Towards a Systemic Approach", 4:1 McGill JL & Health 17
Advocates for a systemic approach to anti-discrimination law and reviews the factors considered when anticipating the need for individualized accommodation; reiterates that prima facie case of discrimination should be distinct from assessments of a bona fide occupational requirement.
"All Aboard!: The Supreme Court of Canada Confirms that Canadians with Disabilities Have Substantive Equality Rights", 71 Sask L R 39
Official Note: "This paper was prepared for the 'Chains & Links: Human Rights Activism Conference" convened by the Ariel F. Sallows Chair in Human Rights at the University of Saskatchewan. The conference was held in Saskatoon, Saskatchewan, November 1-2, 2007."; Discussion and analysis of VIA Rail Canada Inc v Canadian Transportation Agency, 2007 SCC 15.
"Ending Mandatory Retirement: Reassessment", 35 Windsor Rev Legal & Social Issues 22 (Special Topic: Aging)
Review of recent legislated changes on mandatory retirement in Canada; advocates a holistic approach to regulation of a worker's older age in order to best promote the right to age equality for senior workers, balancing this with the rights of employers and society overall.
"The Duty to Accommodate Senior Workers: Its Nature, Scope and Limitations", 38 -1 Queen's LJ 165
Using an approach to age discrimination that values the equal concern and treatment of at any point in time of their lives (labeled the 'Dignified Lives Approach'); argues that the duty to accommodate younger workers with disabilities should equally apply to seniors with disabilities, and that the duty to accommodate senior workers should include any age-related needs apart from direct disability concerns.
"Employing Disability: Deconstructing Insufficient Protections for Non-Mainstream Disabilities", 5 W J Legal Stud No2
Survey of case law on what the author refers to as 'non-mainstream' disabilities, or those disabilities that are difficult to diagnose (episodic or mental health related, for example) as jurisprudence on the duty to accommodate has not yet adequately addressed these issues; duty to accommodate and relevant human rights legislation needs to better tackle the barriers such individuals face, presented by current interpretations.