HUMAN RIGHTS THEORY AND PRACTICE - THE OSGOODE CERTIFICATE IN - Osgoode Professional ...

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HUMAN RIGHTS THEORY AND PRACTICE - THE OSGOODE CERTIFICATE IN - Osgoode Professional ...
THE OSGOODE CERTIFICATE IN
HUMAN RIGHTS
THEORY AND PRACTICE
May 25 – 29, 2020
5 Consecutive Days
In Person

How well do you understand the
complex world of human rights?
                                                          Program Director
Failure to comply with human rights laws can be very
costly for organizations, in money, time and potential
reputational damage. Human rights issues continue to
be front page news – from the continued impact of
the #MeToo Movement and the rise in workplace
harassment investigations, to the ongoing inquiries
involving alleged discrimination in local school boards   Patrick Case, LSM, LL.B., LL.M.
– examples are everywhere.                                Adjunct Professor, Osgoode Hall
                                                          Law School, York University
This comprehensive program – now in its seventh
successful year – has been designed to give you the
knowledge and skills to competently and confidently       Location
handle human rights issues.                               Osgoode Professional
                                                          Development
                                                          1 Dundas Street West, 26th Floor
Register today at:                                        Toronto, ON
osgoodepd.ca/humanrights
HUMAN RIGHTS THEORY AND PRACTICE - THE OSGOODE CERTIFICATE IN - Osgoode Professional ...
The Osgoode Certificate in
  Human Rights
  Theory and Practice

                                                 Found in every province and territory as well
New approaches to                                as federally, human rights legislation touches
equality, diversity and
                                                 every individual and organization. Whether
inclusion ensure that
human rights issues                              you’re dealing with human rights issues in the
will continue to impact                          workplace, the classroom or other settings,
governments, public                              you need to understand how to interpret and
institutions and the
                                                 correctly apply the appropriate regulatory
private sector.
                                                 framework to protect your organization, your
Are you prepared?                                employees and yourself.

                                                 This unique in-depth program is designed specifically for lawyers,
                                                 human rights and human resources professionals.

                                                 Our highly distinguished faculty of practicing lawyers and academics
                                                 with years of experience in this field will equip you with the knowledge
                                                 and practical skills you need to competently and confidently handle
 What a phenomenal
                                                 day-to-day challenges, as well as more complex human rights issues.
 program! Each day has
 led us into a much richer
                                                 In-class lectures will be supplemented by simulations, case studies
 understanding of such
                                                 and hands-on workshops providing a practical, skills-focused learning
 important issues and ideas.
                                                 experience.
 Laura Mae Lindo
 former Director, Diversity and Equity Office,
 Wilfrid Laurier University
HUMAN RIGHTS THEORY AND PRACTICE - THE OSGOODE CERTIFICATE IN - Osgoode Professional ...
In this practical, hands-on certificate
program, you can build upon your                                               Who Should
knowledge of:                                                                  Attend
• The concepts of discrimination and harassment                                • Human Rights Professionals

• The duty to accommodate in relation to gender, disability, religion/creed,   • Human Resources Professionals
  family status and other human rights grounds
                                                                               • Human Rights Lawyers
• Resolving conflicts involving competing rights
                                                                               • Employment and Labour Law
• The interplay between human rights legislation and other related               Practitioners
  legislative regimes
                                                                               • In-House Counsel
• The review and implementation of institutional human rights policy
                                                                               • Trade Union Representatives
• Strategic decision-making to resolve complaints through informal or
                                                                               • Diversity/Equity/Inclusion Officers
  formal processes
                                                                               • Disability and Return to Work
• The role of human rights agencies (Commissions, Tribunals,
                                                                                 Managers
  Advocacy Centres) and the Courts
                                                                               • Human Rights and Equity
• Advocacy before human rights or other tribunals
                                                                                 Consultants
• Identifying and resolving ethical issues and issues of fairness in
  human rights matters

• Dealing with the aftermath of a human rights complaint
Taught by a highly distinguished faculty of leading
Human Rights experts

Program Director                                          Program Faculty
                                                          Lisa Addario                                        Amelia Golden
                                                          Member, Canadian Industrial Relations Board         Golden Investigations
                                                          Raj Anand                                           Neil Guthrie
                                                          WeirFoulds LLP                                      Director of Professional Development, Research
                                                                                                              & Knowledge Management, Aird & Berlis LLP
                                                          Anthony Anirud
                                                          Human Rights Commissioner, York Region              Sharmaine Hall
Patrick Case                                              District School Board                               Executive Director, Human Rights Legal
                                                                                                              Support Centre
LSM, LL.B., LL.M.                                         Sarah Atkinson
Adjunct Professor,                                        Mediator, Workplace Investigator,                   Marian MacGregor
                                                          Lawyer, Workplace Resolutions                       Executive Director, Centre for Human Rights,
Osgoode Hall Law School,
                                                                                                              Equity and Inclusion, York University
York University                                           Colleen Bauman
                                                          Goldblatt Partners LLP                              Clara Matheson
                                                                                                              Counsel/Manager of Intake Services,
                                                          Kim Bernhardt
                                                                                                              Human Rights Legal Support Centre
                                                          Bernhardt Arbitration & Mediation
                                                                                                              Amanda Pask
Advisory Board                                            Nicole S. Bernhardt
                                                          Human Rights & Equity Specialist,
                                                                                                              Cavalluzzo LLP
                                                          NSB Consulting                                      Holly Reid
                                                                                                              Blake, Cassels & Graydon LLP
Antonella Ceddia                                          Sarah Mason-Case
Lawyer, Litigation Section,                               Scholar, Pierre Elliott Trudeau Foundation,         Bruce Ryder
City of Toronto, Legal Services Division                  Fulbright Visiting Researcher, Harvard University   Associate Professor, Osgoode Hall Law School,
                                                                                                              York University
                                                          Antonella Ceddia
Shelagh Day                                               Lawyer, Litigation Section, City of Toronto,        Jo-Ann Seamon
President & Senior Editor,                                Legal Services Division                             Senior Counsel/Manager, Legal Services,
Canadian Human Rights Reporter                                                                                Human Rights Legal Support Centre
                                                          Ena Chadha
Fo Niemi                                                  Conflict Resolution, Mediation & Human Rights       Jayashree (Jay) Sengupta
Executive Director, Centre for                                                                                Human Rights Commissioner, Peel District
                                                          Rajesh Dhir
Research-Action on Race Relations (CRAAR)                                                                     School Board
                                                          Executive Director and Chief Legal Counsel,
Dora Nipp                                                 Ontario Human Rights Commission                     Daniel Sheppard
Human Rights Education & Change                                                                               Goldblatt Partners LLP
                                                          Mahejabeen Ebrahim
Specialist, Ontario Human Rights                          Human Rights and Equity Advisor,                    Morgan Sim
Commission                                                Lakehead Public Schools                             Parker Sim LLP

Geri Sanson                                               Peter Engelmann                                     Njeri Damali Sojourner-Campbell
Sanson Law Office Professional Corporation                Goldblatt Partners LLP                              Hicks Morley Hamilton Stewart Storie LLP
                                                          Insiya Essajee                                      Ryan D. White
Susan Ursel
                                                          Counsel, Legal Services and Inquiries,              Cavalluzzo LLP
Ursel Phillips Fellows Hopkinson LLP
                                                          Ontario Human Rights Commission
                                                                                                              Dianne Wintermute
                                                          Melany Franklin                                     Staff Lawyer, ARCH Disability Law Centre
                                                          Mediator, Sideroad ADR

                           This program exceeded my expectations, which were high to
                           begin with. The speakers were very engaging and informative.
                           Susan A. Richer, Richer & Richer, Ottawa
Agenda
DAY 1
                                                Faculty                                        Faculty
May 25, 2020                                    Anthony Anirud, Human Rights Commissioner,     Sarah Atkinson, Mediator I Workplace
9:00 a.m. – 4:30 p.m.                           York Region District School Board              Investigator I Lawyer, Workplace Resolutions
Human Rights: Theory and Practice               Patrick Case, LSM, LL.B., LL.M.,               Kim Bernhardt, Bernhardt Arbitration &
                                                Adjunct Professor, Osgoode Hall Law School,    Mediation
• Theories of rights – the Hohfeldian           York University
  analytical system                                                                            Nicole S. Bernhardt, Human Rights &
                                                Bruce B. Ryder, Associate Professor,           Equity Specialist, NSB Consulting
• The Canadian Human Rights system –            Osgoode Hall Law School, York University
  history and current practices                                                                Rajesh Dhir, Executive Director and
                                                                                               Chief Legal Counsel, Ontario Human Rights
 - domestic provincial human rights law and
                                                DAY 2                                          Commission
   policy
                                                May 26, 2020                                   Melany Franklin, Mediator, Sideroad ADR
 - the Federal level, including the Bill of
   Rights, Canadian Human Rights Act and        9:00 a.m. – 4:30 p.m.                          Marian MacGregor, Executive Director,
   the Employment Equity Act                    Duty to Accommodate/Dealing                    Centre for Human Rights, Equity and
 - the Constitution: Canadian Charter of        with Competing Rights                          Inclusion, York University
   Rights and Freedoms                                                                         Clara Matheson, Counsel/Manager of
 - the human rights interplay with the          • The duty to accommodate: theory and          Intake Services, Human Rights Legal
   Charter [ss.15, 7, 2(b)], the influence of     practice                                     Support Centre
   international human rights standards          - recognizing the need to accommodate         Amanda Pask, Cavalluzzo LLP
• The bigger picture                             - procedural and substantive
                                                                                               Holly Reid, Blake, Cassels & Graydon LLP
                                                   accommodation
 - the evolution of the concepts of equality
                                                                                               Dianne Wintermute, Staff Lawyer,
   and discrimination                            - information-gathering and assessing needs
                                                                                               ARCH Disability Law Centre
 - universality of human rights principles/      - making informed decisions
   cultural relativism (within a Canadian        - implementing the decision
   context)                                                                                    DAY 3
                                                 - the importance of record-keeping
 - cultural change and organizational                                                          May 27, 2020
                                                 - the limits of accommodation: undue
   change                                                                                      9:00 a.m. – 4:30 p.m.
                                                   hardship and the key factors to consider
• The enforcement of human rights laws in
                                                • Intersectionality: addressing multiple       Evidence in Human Rights Matters/
  Canada                                                                                       Simulation Exercise
                                                  grounds in human rights claims
 - the spectrum of human rights systems
                                                • Competing rights and (argued) hierarchies
   in Canada                                                                                   This practical, interactive session will use the
                                                  of rights
                                                                                               Kahneman “thinking fast and thinking slow”
 - roles of those with rights, duties and
                                                 - identifying competing rights                analysis to show how “embedded self-
   responsibilities under human rights law
                                                 - tips and tools for dealing with competing   delusions” that impact decision-making can
                                                   rights and resolving conflict               be overcome.
Lunchtime Keynote: “The Impact of
Climate Change on Human Rights”                 • Proving discrimination                       • Questioning assumptions in human
                                                • Guidance for developing and implementing       rights matters
Sarah Mason-Case, Scholar,
Pierre Elliott Trudeau Foundation,                model human rights policies in your           - what mental processes shape our
                                                  organization                                    judgement about evidence in human
Fulbright Visiting Researcher,
Harvard University                                                                                rights fact situations?
                                                Small-group exercise: the duty to
                                                                                                - when assessing evidence, how do
                                                accommodate in relation to disability,
                                                                                                  intuition and emotion combine with
                                                creed and family status
                                                                                                  deliberative thought?
• Record-keeping                              In the afternoon, the focus shifts to the        DAY 5
 - highlighting best practices                remedial powers of human rights tribunals.
                                              In addition to discussing the more traditional   May 29, 2020
 - special concerns with medical              remedies of damages and/or reinstatement         9:00 a.m. – 4:15 p.m.
   recordkeeping                              (for example, in a case of discrimination        Advanced Topics in Human Rights
 - dealing with concerns regarding            in the workplace), faculty will also explore
                                                                                               Law and Practice
   electronic record-keeping                  what systemic remedies are available in
 - current complex issues in systemic         such cases.
                                                                                               • Workplace investigations
   discrimination and intersectional          • Debriefing the simulation
                                                                                               • Advancing the law
   discrimination
                                              • Writing a report in contemplation of a
                                                                                               • How it works at the Human Rights Tribunal:
                                                review – tips and tools
Simulation: Participants will engage in an                                                       from application to decision, and what
in-class simulation exercise of analyzing     • Interplay between human rights legislation       to do if your organization receives an
and attempting to resolve a workplace           and other legislative provisions                 application
human rights dispute that has proceeded        - employment standards                          • Judicial review
to investigative stage.
                                               - disability accessibility legislation           - assessing the tribunal’s reasoning
                                                                                                  processes: Determining what kinds of
Faculty                                        - labour laws
                                              • The remedial powers of human rights
                                                                                                  human rights decision making attracts
Lisa Addario, Member, Canadian Industrial                                                         judicial intervention
                                                tribunals
Relations Board                                                                                 - key judicial review cases
                                              • Systemic remedies: current examples
Patrick Case, LSM, LL.B., LL.M.,                of innovative solutions being crafted by       • Investigating sex-based and race-based
Adjunct Professor, Osgoode Hall Law School,     human rights tribunals                           discrimination
York University                                                                                • New developments in human rights law: a
                                              • Damages
Mahejabeen Ebrahim, Human Rights and                                                             panel discussion
                                              • Overcoming the practical challenges to
Equity Advisor, Lakehead Public Schools

Amelia Golden, Golden Investigations
                                                enforcing human rights settlements
                                                                                               Faculty
Jo-Ann Seamon, Senior Counsel/Manager,        Faculty                                          Raj Anand, WeirFoulds LLP

Legal Services, Human Rights Legal            Colleen Bauman, Goldblatt Partners LLP           Patrick Case, LSM, LL.B., LL.M.,
Support Centre                                                                                 Adjunct Professor, Osgoode Hall Law School,
                                              Ena Chadha, Conflict Resolution,
                                                                                               York University
                                              Mediation & Human Rights
                                                                                               Antonella Ceddia, Lawyer – Litigation Section,
DAY 4                                         Peter Engelmann, Goldblatt Partners LLP
                                                                                               City of Toronto, Legal Services Division
May 28, 2020                                  Neil Guthrie, Director of Professional
                                                                                               Insiya Essajee, Counsel, Legal Services and
9:00 a.m. – 4:30 p.m.                         Development, Research & Knowledge
                                                                                               Inquiries, Ontario Human Rights Commission
Evidence in Human Rights Matters              Management, Aird & Berlis LLP
                                                                                               Amelia Golden, Golden Investigations
(continued)/Remedies                          Sharmaine Hall, Executive Director,
                                              Human Rights Legal Support Centre                Daniel Sheppard, Goldblatt Partners LLP
Day 4 commences with a follow up and                                                           Morgan Sim, Parker Sim LLP
                                              Jayashree (Jay) Sengupta, Human Rights
debrief of the Day 3 simulation exercise.
                                              Commissioner, Peel District School Board         Ryan D. White, Cavalluzzo LLP
This session focuses on exploring the
experiences gleaned from the simulation       Njeri Damali Sojourner-Campbell,
exercise to better understand the concepts    Hicks Morley Hamilton Stewart Storie LLP
of systemic racism and sexism in the
workplace. The learning outcomes will also
be connected to the applicable case law.
Registration Details
Fee per Delegate                                                                                                Here’s what past
$2,995 plus HST                                                                                                 attendees have said:
Newly licensed (2017 – 2020): $1,497.50 plus HST
Fees include attendance, program materials, lunch and break refreshments.                                       The five days of intensive
Group discounts are available. Visit www.osgoodepd.ca/group-discounts for                                       sessions were most
details. Please inquire about financial assistance.                                                             rewarding. As a human
                                                                                                                rights practitioner, I got the
Program Changes                                                                                                 opportunity to deepen my
We will make every effort to present the program as advertised, but it may                                      theoretical understanding
be necessary to change the date, location, speakers or content with little or                                   of human rights law in
no notice. In the event of program cancellation, York University’s and Osgoode                                  Canada. Simultaneously,
Hall Law School’s liability is limited to reimbursement of paid fees.                                           I gathered new skills in
                                                                                                                promoting the prevention of
Cancellations and Substitutions
                                                                                                                human rights violations at
Substitution of registrants is permitted at any time. If you are unable to find                                 the post-secondary level....
a substitute, a full refund is available if a cancellation request is received in                               Thanks to Pat Case for
writing 21 days prior to the program date. If a cancellation request is made                                    his vision and having the
with less than 21 days notice, a $150 administration fee will apply. No other                                   courage to step into
refund is available.                                                                                            the ‘gap’.
For further program–related information, please contact:                                                        Nancy Sims
                                                                                                                Director, Centre for Human Rights,
David Thomas, Program Lawyer at 416.270.7316                                                                    Equity & Diversity, Humber College
or email dthomas@osgoode.yorku.ca
                                                                                                                I leave this program
                                                                                                                impressed, motivated
Certificate of Program Completion                                                                                and so much more
                                                                                                                knowledgeable on human
In order to successfully complete the program and obtain an Osgoode                                             rights issues. I will be
Certificate in Human Rights Theory and Practice, participants must attend all                                   recommending it to my
program modules and satisfactorily pass an on-line multiple-choice exam.                                        colleagues unequivocally.
                                                                                                                Laura Colella
                                                                                                                Lawyer, Arbitrator, Mediator, Facilitator

4 Convenient Ways to Register                                                                                   Excellent curriculum
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                                                                                                                how they may impact the
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                           the Osgoode Certificate in Human Rights Theory and Practice will provide an          roles and responsibilities of
                           opportunity for CDMP and CRTWC professionals to receive Continuing Education         each person…. One of the
                           Credit hours. It is expected that professionals who attend the full program and
                           optimize all learning activities will be credited with 30 CEC hours.                 best certificate courses ever!
             OsgoodePD has been approved as an Accredited Provider of Professionalism Content by the LSO.       Curt Woytiuk
                                                                                                                Saskatchewan Government and
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                                                                                                                   © Osgoode Professional Development, 2020
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