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James Cameron will be speaking at an Ontario Bar Association program entitled Harassment Investigations: Pitfalls, Best Practices and New Approaches on Thursday, March 25, 2010.

James will be speaking from the perspective of an employee representative in harassment investigations, and will address issues including:

How do harassment policies fit with related legislation and regulations?
What are the procedural fairness requirements for harassment investigations?
How should privacy/confidentiality issues be dealt with in the investigation process?
What are the most common errors in an investigation, and what are the best practices?
What are the viable alternatives for fixing dysfunctional workplaces without conducting a major investigation, and when are they most effective?

Visit the OBA website for more information.

2011 Raven, Cameron, Ballantyne & Yazbeck Human Rights/Social Justice Internship

Our firm is renewing its partnership with the University of Ottawa and continues its commitment and funding to the Raven, Cameron, Ballantyne & Yazbeck LLP/s.r.l. Human Rights/Social Justice Internship which provides a student with an opportunity to work full time over the summer as an intern in the areas of social justice and human rights.

This is a program that we are very proud of as it gives students excellent experience in these areas but also provides legal support to social justice organizations. This year, the host organizations are the Public Service Alliance of Canada (PSAC) and the Ottawa Riverkeeper.

If your organization works in the areas of social justice and human rights and you are interested in having an intern in the future, please contact David Yazbeck at 613-567-2901.

Pension Surplus: Supreme Court of Canada Hears Appeal Regarding the Removal of over $28 Billion in Surplus Amounts from the Public Service, RCMP and Canadian Forces Pension Accounts

Our firm recently presented arguments to the Supreme Court of Canada in a significant case involving the removal of the over $28 billion surplus that had built up in the federal Public Service, RCMP and Canadian Forces pension accounts.

Advancing arguments on behalf of the Public Service Alliance of Canada and a number of associations representing current and former members of the Armed Forces and the Royal Canadian Mounted Police, our firm maintained that employees had an equitable right to the significant portions of the surplus that were directly attributable to contributions by workers and that this right had not been extinguished by legislation passed in 2000. This is the first case to be heard by the Supreme Court with respect to the rights workers have to a surplus in a statutory pension plan.

PSAC and the above-noted associations were represented by Andrew Raven, James Cameron and Andrew Astritis of RCBY. The Court reserved judgment on the matter.

Ravenlaw Sponsors Jim Bryson and The Weakerthans Band at the Ottawa Folk Festival

Raven, Cameron, Ballantyne & Yazbeck was a proud sponsor of the Ottawa Folk Festival again this year. In particular, we were delighted to support Jim Bryson and The Weakerthans, who performed as part of an exciting Saturday night line-up on the Main Stage and participated in several workshops during the festival.

Acclaimed Ottawa singer-songwriter Jim Bryson teamed up with iconic Winnipeg band The Weakerthans, who took their name from a line in the well-known union anthem Solidarity Forever: “yet what force on earth is weaker than the feeble strength of one.” Given our work with employees and unions in labour and human rights matters, it was a pleasure support artists who share our passion for and commitment to social justice and equality.

Being part of the Ottawa Folk Festival was a wonderful experience — and one we hope to continue in the future!

RCBY Represents Donna Mowat before the Supreme Court of Canada

Raven, Cameron, Ballantyne and Yazbeck is representing Donna Mowat before the Supreme Court of Canada, challenging the Federal Court of Appeal’s decision which held that successful complainants are not entitled to compensation for legal costs under the Canadian Human Rights Act.

Ms Mowat, who had substantiated a claim of sexual harassment before the Canadian Human Rights Tribunal, was awarded $47,000 in legal costs by the Tribunal. In quashing this decision, the Federal Court of Appeal held that the Tribunal’s authority to order compensation for “expenses” incurred as a result of discrimination did not include legal expenses. Ms Mowat maintains that legal expenses fall within the definition of expenses given the broad and liberal interpretation to be accorded to human rights legislation, the broader legislative context which supports this interpretation, and the underlying purpose of the Act, which is the eradication of discrimination.

The Appeal will be heard by the Supreme Court on December 13, 2010.

2010 Raven, Cameron, Ballantyne & Yazbeck Human Rights/Social Justice Intern Selected

The partners at Raven, Cameron, Ballantyne & Yazbeck are pleased to announce the selection of the successful candidate for the firm’s 2010 Human Rights/Social Justice Internship.

Raphaëlle Laframboise Carignan is a second-year law student in the Programme de droit canadien (LL.B. and LL.L.) at the University of Ottawa. Raphaëlle has had a varied interest in social justice or human rights initiatives, particularly through her work with the University of Ottawa Community Legal Clinic and with the Organization of American States (as an intern in their Cultural Program Department program with an MME). Among other things, Raphaëlle worked with the OAS to promote Latin American arts and also participated as an international electoral observer during the 2007 electoral process in Guatemala. Congratulations Raphaëlle!

Each year, our firm provides funding for a student from the Faculty of Law at the University of Ottawa to work full time over the summer as an intern in the areas of social justice and human rights. This is a program that we are very proud of, as it gives students excellent experience in these areas but also provides legal support to organizations that often are unable to afford this. This year, the host organizations which will benefit from the internship are the Canadian Artists’ Representation/le Front des artistes canadiens (CARFAC) and l’Association des enseignantes et des enseignants franco-ontariens (AEFO).

If your organization works in the areas of social justice and human rights, and you are interested in having an intern in the future, please contact David Yazbeck at 613-567-2901.

Pay Equity: Supreme Court of Canada allows PSAC’s Appeal

Our firm recently represented the Public Service Alliance of Canada (“PSAC”) in an appeal before the Supreme Court of Canada regarding the Canadian Human Rights Tribunal’s 2005 decision to uphold PSAC’s pay equity complaint against Canada Post.

In a rare ruling from the bench, the Supreme Court overturned the decision of the Federal Court of Appeal, reinstating the Tribunal’s decision against Canada Post. The complaint, presented in 1983, resulted in a long-fought legal battle by PSAC, first to have the case referred to Tribunal and then to see the matter through the adjudicative process, which included over 400 hearing days spanning ten years. The award for lost wages and the interest thereon is estimated to be worth approximately $250 million.

The Supreme Court’s decision has significant implications for both the individuals involved and the pay equity jurisprudence under the Canadian Human Rights Act. In endorsing wholesale the dissenting reasons set out by Justice Evans at the Court of Appeal, the Supreme Court re-affirmed the validity of the 1986 Equal Wages Guidelines, including the gender predominance thresholds set out therein. The Supreme Court also confirmed the Tribunal’s decision to accept the expert evidence tendered by PSAC, which demonstrated that Canada Post had failed to pay workers in the female-dominated CR Group equal pay for work of equal value performed by the male-dominated PO Group.

Congratulations to PSAC for this hard-fought and important victory!

RavenLaw Sponsors Ottawa Folk Festival – September 4-8, 2013

Raven, Cameron, Ballantyne & Yazbeck is proud to continue its sponsorship of the Ottawa Folk Festival for a fourth consecutive year. This year Folk Festival Participants will be able to see many fabulous acts on the RavenLaw stage.

Set amidst the natural beauty of Hog’s Back Park, the Ottawa Folk Festival is a four-day celebration of music, dance, visual arts and community featuring an eclectic mix of musical performances on two evening and five daytime stages, plus participatory music workshops, special children’s and family performances, beer gardens, artisan and craft vendors, and much more. Given our work with employees and unions in labour and human rights matters, it is a pleasure to support artists who share our passion for and commitment to social justice and equality.

For further information about this year’s festival, including tickets and schedule, please visit http://ottawafolk.com/

Ravenlaw-sponsored Folk Festival a Great Success!