Our Human Rights group not only defends private and public sector clients in human rights claims, but provides proactive assistance to reduce the risk of human rights complaints occurring. With the continual evolution of human rights decisions – and the emergence of new human rights concerns – many organizations have found it critical to obtain advice on an ongoing basis on how to avoid or resolve the issues which can lead to human rights litigation.

• Prevention: We help clients proactively address potential human rights issues and assist in the development and implementation of human rights policies and practices, including internal complaint procedures. We also provide day-to-day advice on potential issues as they arise, such as the duty to accommodate, sexual harassment, drug and alcohol testing and various forms of discrimination and harassment. ­
• Representation: We act as counsel for our clients during the investigation, mediation and other phases of any human rights complaints, and if the matter moves to litigation, advocate for clients at appeals tribunals, arbitration hearings and court proceedings. Our practice includes not only employment-related complaints, but service-related complaints from students and customers.
• Solutions: Resolving human rights issues satisfactorily for our clients often involves “thinking outside the box” and we are very successful in obtaining resolutions for most of the human rights complaints we handle well before the matter gets to a hearing. We help clients achieve effective and operationally feasible solutions to human rights complaints – in many cases through mediation of the dispute to reach a satisfactory conclusion for all parties.

The Hicks Morley advantage

Our lawyers have extensive and broad experience in dealing with human rights issues – an expertise that extends from the private sector into many public sector areas such as education, police services and municipal government. We also represent both provincially and federally regulated clients in human rights matters.

Human rights issues are sensitive by nature and must be handled within the context and culture of the individual organization and the sector in which it operates. The breadth and depth of our experience in both the human resources area and key industry sectors allows us to address human rights issues within this broader context.

In addition, our in-depth knowledge of the Ontario and Canadian Human Rights Commissions’ investigation and mediation processes means we are often successful at having a complaint dismissed at the preliminary stages of the process. As we move into a new human rights regime in Ontario, where complaints will go directly to the Human Rights Tribunal of Ontario, a number of our lawyers have been invited to provide input into the new processes of the tribunal.

Notables

• Leadership: Our Human Rights group takes a leadership role in helping clients stay on top of human rights issues. This includes offering harassment prevention training, providing tools such as our accommodation checklist to help organizations self-manage issues, and hosting seminars and conferences on a variety of human rights topics.
• Results: Our Human Rights group has been involved in many key human rights and Charter equality rights cases, including Supreme Court of Canada decisions on mandatory retirement, discrimination and the duty to accommodate, and the obligations of school boards in providing educational accommodations to students with disabilities.