Halsbury's Laws of Canada - Discrimination and Human Rights

Description

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$135* per volume (ISBN: 9780433454946) OR purchase individual volumes at $280 each.

For more information or to place an order please contact us.

*Per volume with commitment to purchase the entire 77-volume set.

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The broad prohibition against discrimination in Canada means that lawyers practicing in almost any field must be alive to the wide-ranging implications of human rights law. This requires a solid awareness of sweeping federal and provincial human rights legislation - legislation that specifically addresses questions of discrimination and equality - and a practical understanding of the regulatory framework and varied enforcement mechanisms.

Halsbury's Discrimination and Human Rightsvolume systematically sets out the law governing this important area, making it an invaluable touchstone for lawyers in virtually every area of practice. From fielding client queries on obligations in respect of hiring practices, to giving guidance on the application of the law governing in a landlord and tenant context, this volume will serve as a resource that is consulted with both frequency and confidence.

Topics covered include:

Charter issues

• Application and scope
• Constitutional and jurisdictional questions
• Interaction with human rights legislation

Bill of Rights

• Application and scope
• Relationship to Charter

Human rights legislation

• Interaction between Charter and human rights legislation
• Federal and provincial legislative framework

Forms of discrimination

Direct and indirect discrimination Systemic discrimination Harassment Elements of prima facie discrimination

Prohibited grounds

• Age
• Religion, creed, political belief
• Race or colour
• Ethnic origin, citizenship and nationality
• Sex, gender and sexual orientation
• Marital and family status
• Disability
• Criminal record
• Receipt of social assistance

Remedies

Defences and exceptions

• Statutory defences
• Bona fides occupational requirements
• Available exemptions

Practice and procedure

• General framework
• Limitation periods
• Hearings and interlocutory proceedings
• Parallel actions and proceedings

Pay equity

• Statutory rules
• Equal wages guidelines
• Pay equity complaints

Employment equity

• Federal and provincial initiatives and requirements

And much more.

Special Features

• Enhanced content
  • A general table of contents to the level of chapter headings
  • A detailed table of contents to the level of clause headings
  • Detailed sectional contents set out within the commentary for each chapter and section
• References and abbreviations - An alphabetical listing of special references and abbreviations used in the volume, with an explanation of their meaning
• Selected secondary sources - Setting out selected texts, articles, and other secondary sources pertaining to the subject that the reader may find to be relevant and helpful
• Glossary of Definitions - Identifying words and phrases defined in legislation governing testate and intestate succession, and providing the text of the definition in each jurisdiction for easy reference. A valuable "quick reference" in a field marked by a wide variety of statutes promulgated across many jurisdiction

Table of Contents

I. Equality Rights: The Constitutional Framework
1. Introduction
2. Application and Scope
3. Proscribed Categories of Discrimination
4. Exceptions and Limitations
5. Charter Analysis
6. Reasonable Limits
II. Canadian Bill Of Rights
1. Introduction
2. Application and Scope
3. Prohibited Grounds of Discrimination
III. Discrimination
1. Federal and Provincial Human Rights Legislation
2. Areas in which Discrimination is Prohibited
3. Prohibited Grounds of Discrimination
4. Hate Communications
5. Defences and Exceptions
6. Vicarious Liability
7. Practice and Procedure
8. Remedies
IV. Pay Equity
1. Introduction
2. Protection at the Federal Level
3. Protection at the Provincial and Territorial Level
V. Employment Equity
1. Introduction
2. Employment Equity Initiatives
Author/Contributor

Soma Ray-Ellis, B.A., LL.B.

Soma Ray-Ellis, B.A., LL.B., is a partner and Head of the Employment, Privacy and Public Law Group at the law firm of Patterson MacDougall LLP. She has extensive experience in employment, privacy and public law issues, including wrongful dismissal, human rights, pay equity, occupational health and safety, workers' compensation, employment standards, and Canada Labour Code matters. Soma assists clients with hiring and firing, start ups, mergers, acquisitions, reorganizations and ongoing employment and labour issues. She has also been extensively involved with litigation, negotiations, mediation, and representation before various employment and labour tribunals and courts. Ms. Ray-Ellis advises and represents government departments and agencies on administrative and public law issues and processes. She has also co-drafted the "Rules of Practice" for the Ontario Board of Inquiry (Human Rights) in 1996. She has authored a comprehensive text entitled Federal Equity Manual 2002 (Carswell).

Ms. Ray-Ellis is the resident employment law advisor to 680 All News Radio and has made numerous appearances on various television programs. She has spoken at various conferences and has been quoted extensively in national newspapers, including the Globe and Mail, the Toronto Star and the National Post, on issues such as privacy, sexual harassment and workplace violence. Soma was named 1 of 1000 Great Women of the 21st Century by the American Biographical Institute, Inc., 2005.

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