Category Archives: Human Rights Law

The pros and cons of random drug testing

The Toronto Transit Commission's plan to conduct random drug and alcohol tests on its drivers may violate human rights provisions, but allows passengers to have a reasonable expectation of safety, says Toronto employment law and personal injury lawyer Kevin Marshall. … Continue reading

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Human Rights: Protecting the individual or the community?

The closure of a respected research and treatment program at Toronto's Centre for Addiction and Mental Health (CAMH) raises serious questions, says Toronto lawyer Kevin Marshall.  Marshall says he is concerned that an interpretation of human rights that losses sight … Continue reading

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New harassment law redundant but sheds light on ‘egregious’ abuse

New legislation forcing Ontario employers to set up policies and programs to address sexual harassment in the workplace starting this fall may boost awareness but will likely make little difference in the long run, says Toronto employment and personal injury … Continue reading

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Human Rights tribunal decision forces Toronto restaurant closure

A Toronto restaurant's recent closure highlights the possible wide-ranging impact of decisions on small businesses by the Human Rights Tribunal of Ontario, says Toronto Employment Law lawyer Kevin Marshall. Marshall notes that the tribunal is moving toward six-figure awards that could … Continue reading

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Expanded definition of disabilities troublesome

A recent human rights decision finding alcohol addiction qualifies as a disability is somewhat troubling as it may open the door to frivolous complaints in the future, says Toronto lawyer Kevin Marshall. A Manitoba human rights adjudicator found a health-care … Continue reading

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Social media’s mob justice approach goes too far

An Ontario power company’s move to swiftly fire an employee who made obscene remarks on camera may be positive from a public relations perspective in the short term, but Toronto employment lawyer Kevin Marshall says it’s not how he’d advise a company … Continue reading

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Dalhousie’s ad hoc handling of scandal concerning

Dalhousie University's handling of the ongoing controversy at its dentistry school raises several alarm bells, the most concerning of which may be its reactionary, ad hoc attempts to resolve the situation, says Toronto employment lawyer Kevin Marshall. Students are now back … Continue reading

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Changing Public’s View of Harrassment goes beyond the law

As the national conversation on sexual harassment continues, Toronto employment lawyer Kevin Marshall says it’s important not to lose sight of the presumption of innocence and the need for thorough investigations. The topic is one that’s been leading discussions in recent weeks, … Continue reading

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Fine line between security measures and discrimination

A recent case of alleged discrimination on the part of an airline against a Muslim Canadian highlights the ever-present tension between the need for security measures and the problematic nature of certain screening practices, says Toronto employment lawyer Kevin Marshall. … Continue reading

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Does an employer have power over personal views?

Unless an employee’s personal views conflict with the job they were hired to do, an employer should have no reason to ask the individual to stifle their perspectives – even if they are controversial, says Toronto employment lawyer Kevin Marshall. Liberal … Continue reading

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