The partners of Raven, Cameron, Ballantyne & Yazbeck are pleased to announce the selection of the successful 2017 Raven, Cameron, Ballantyne & Yazbeck Human Rights/Social Justice Internship candidates, Megan Fultz and Emily Cumbaa. Both Megan and Emily are in the second year of their studies at the University of Ottawa, Faculty of Law. We congratulate Megan and Emily on their achievement and look forward to working with them this summer when the internship takes place.

This is the twelfth  consecutive year that our firm has offered this Human Rights/Social Justice internship. Every summer, we provide paid employment to a student from the University of Ottawa Law School with placements in our firm and two social justice or human rights organizations. This year, Megan and Emily will be working with the Feminist Alliance for International Action (FAFIA) and the Economic and Social Council of Ottawa-Carleton. Previous placements for our internship have included the Workers’ History Museum, International Development Research Centre, EGALE Canada, Amnesty International, the Ottawa Coalition to End Violence Against Women, the Council of Canadians, REACH Canada, National Educational Association of Disabled Students and many other organizations which provide significant contributions in the areas of social justice and human rights.

On March 22, 2017, RavenLaw sponsored Reach Canada’s Jamming for Justice event. The concert celebrated the opening of Reach’s new headquarters and was emceed by RavenLaw’s own David Yazbeck. Reach Canada is a legal referral organization for persons with disabilities and is dedicated to providing education and information on all matters pertaining to disabilities. RavenLaw was proud to support Reach’s event and to help raise funds for its important work.

Morgan Rowe recently delivered a guest lecture in the University of Ottawa’s Labour Law I course. The lecture addressed the rules governing the relationship between unions and their members, union security provisions, and the evolving role of unions in society.

On November 5, 2016, Jacob Saltiel participated as a judge in the University of Ottawa Law’s moot court competition for first-year students. Jacob judged two groups of students who presented arguments based on the Ontario Court of Appeal’s decision in Spence v BMO Trust Company. Jacob provided commentary and guidance to the impressive participants on their oral advocacy and presentation.

Amanda Montague-Reinholdt has been elected to the Board of Directors for the Magnetic North Theatre Festival. Amanda has also been elected to serve as Secretary on the Board’s Executive Committee.

Magnetic North is Canada’s only national theatre festival, showcasing the very best of contemporary Canadian theatre. It has its home base in Ottawa, which hosts the festival every second year. The festival also has a unique travelling mandate, hosting the festival in a different community across Canada in alternate years, including the incredibly successful 2016 festival in Whitehorse. The next festival will take place in Ottawa in June 2017, coinciding with the celebrations of Canada’s 150^th anniversary.

The group of former military members who launched a class action regarding sexual misconduct in the Armed Forces has now filed a Statement of Claim in the Superior Court of Ontario. Amy Graham, Nadine Schultz-Nielsen, and Larry Beattie filed their full Statement of Claim on December 13, 2016, setting out their personal experiences of sexual assault and harassment, as well as the remedies that they are seeking on behalf of all class members.

The class action covers all current and former members of the Canadian Armed Forces who have experienced sexual assault, sexual harassment and abuse of power in the course of their education, training and service in the military. The Statement of Claim seeks compensation for affected members, as well as declarations and systemic orders against the government to change a system that condones a culture of sexual misconduct and punishes victims instead of perpetrators.

You can read more about the Statement of Claim here:

• CBC News: Sexual-misconduct lawsuit against Armed Forces alleges ‘reckless’ conduct

• Radio-Canada: Les Forces canadiennes visées par un recours collectif de 1 milliard de dollars

• Le Journal de Montréal: Un recours collectif d’un milliard $ contre l’armée

For more information, or if you or your family member may be affected by the class action, you can contact Raven Law at armedforcesclassaction@ravenlaw.com.

It is with great sadness that we announce the passing of our dear friend and colleague, Mary Mackinnon. Mary joined the firm in 2006 and became a partner in 2008. She was a tireless advocate for workers’ rights who was highly respected in the legal community. Her work on behalf of individual employees, human rights claimants and unions is a testament to her deep personal commitment to social justice and equality. Mary was a wonderful colleague and a generous mentor to new lawyers. We will all miss her tremendously.

Donations in Mary’s memory can be made to Kidney Cancer Canada: www.kidneycancercanada.ca

David Yazbeck, who has extensive experience representing employees in relation to whistleblowing generally and the Public Servants Disclosure Protection Act specifically, was recently invited by the House of Commons Standing Committee on Government Operations and Estimates to testify as part of its review of the Act. David testified on February 9th in order to provide his perspective on the effectiveness of the law.

The PSDPA provides a method for federal public service employees to disclose information that they believe could show that a wrongdoing has been committed or is about to be committed. It is also intended to protect employees who have made disclosures from reprisal.

Further information regarding the Committee’s review of the PSDPA can be found here.

On September 28, 2016, James Cameron will present at an Optimum Talent Lunch and Learn session titled “Has Terminating an Employee Without Cause Become More Difficult?”. The program will address the recent Supreme Court decision in Wilson v Atomic Energy as well as the proposed amendments to Ontario’s Employment Standard Act regarding the need for “cause” and the possibility of reinstatement for wrongfully terminated employees. 

More information about the program can be found here.

In a decision delivered from the bench on November 8, 2016, the Federal Court of Appeal affirmed a decision of the Canadian Human Rights Tribunal that Transport Canada discriminated against Chris Hughes in a job competition because he was a person with a mental health disability. After attending an oral interview, the hiring panel asked for oral references. Mr. Hughes told the chair of the hiring panel that it was difficult for him to get references from past employers in the federal public service, notwithstanding positive performance appraisals from those employers, because he was a whistleblower who had been involved in litigation with the employers for discrimination on the basis of his disability. Mr. Hughes asked the hiring panel to consider his performance appraisals in lieu of references, and while the panel initially accepted this material from him, it was not satisfied that is was an acceptable substitute for oral references. The Tribunal found, however, that the positive performance appraisals in fact confirmed Mr. Hughes was qualified for the position, and the hiring panel’s knowledge of his disability was a factor in its decision to reject his candidacy.

Transport Canada applied for judicial review of the Tribunal’s decision and, last year, the Federal Court disagreed with the Tribunal’s finding and set the decision aside. In reversing that decision, the Federal Court of Appeal found that the Federal Court re-weighed the evidence before the Tribunal and effectively re-decided the case, even though there was more than ample evidence to support the Tribunal’s key findings. This included evidence that the chair of the hiring panel knew of Mr. Hughes’ disability before deciding he was unqualified for the job, that a document favourable to Mr. Hughes had been altered by the employer, and that the chair of the hiring panel disregarded the accepted human resources practice of considering written material in lieu of reference in favour of verbal references. On that basis, the Federal Court of Appeal concluded the Tribunal’s decision was reasonable.

Mr. Hughes was represented by David Yazbeck and Michael Fisher of RavenLaw.