LEAF Edmonton

 

On October 17, LEAF Edmonton hosted an invigorating and inspiring annual person's day breakfast. Jan Reimer, Provincial Co-ordinator, Alberta Council of Women's Shelters delivered an evocative speech: "Abused Women and Children - Who Cares?" LEAF Board of Directors representative Jennifer Tomaszewski provided an update on LEAF's activities nationally. (In the photo: Keynote Speaker Jan Reimer)

 

 

LEAF Regina

The LEAF Regina Breakfast, held on October 19, 2007, featured keynote speaker Alma Wiebe, QC. and past-president of the Law Society of Saskatchewan. Wiebe addressed the audience of approximately 125 people on the subject of the Honourable Bertha Wilson the first female Supreme Court judge who passed away in  April 2007. Ms. Wiebe gave a succinct, enthusiastic and informative talk on the contributions of Bertha Wilson to women's equality in Canada. (In this photo from right to left: Keynote Speaker Alma Wiebe, Valerie Picketts, Wendee Kubik, Mary Hampton, Darlene Juschka and Cheryl Bauer Hyde)

On October 18, the anniversary of the Persons Case, over 900 individuals from all "walks of life" came together to celebrate the use of law for positive social change and to be inspired by two equality activists. Fiona Sampson, LEAF's National Director of Litigation, with warmth and humour shared the latest about LEAF's important legal and educational work. Mary Eberts, internationally recognized feminist lawyer, social activist, and LEAF founding mother, received a standing ovation in recognition of her expertise and ongoing commitment to the advancement of equality for all women. (In the photo: Keynote speaker Mary Eberts, LEAF Director of Litigation Fiona Sampson, and LEAF Manitoba Chair Betty Hopkins)

The Ottawa Person's Day Breakfast brought in over 130 guests including several MPs, senators, members from law firms in the Ottawa area, University of Ottawa students, professors from Carleton and University of Ottawa, and other LEAF Ottawa friends and supporters.

Beverly Jacobs, President of the Native Women's Association of Canada, gave an opening prayer and spoke to equality of Native women. She reminded the audience that, although Persons' Day is a celebration of women, Native women were not afforded the same opportunities until 1960.

LEAF National Chair Kim Brooks spoke to the recent closing of the National Association of Women and the Law and of the Court Challenges Program, and the change in mandate of the Status of Women Canada. She acknowledged that despite these setbacks, LEAF continues to further women's equality. Kim's spirit helped set the tone for the breakfast.

This year's keynote speaker was investigative journalist Yvette Brend. Her speech centered on her investigative work around the missing women of Vancouver's east side, long before a man was charged in their death. Her speech was touching and very well received. (In the photo: Keynote Speaker Yvette Brend)

 

LEAF National's Persons Day Breakfast took place on Thursday, October 19^th at Fairmont Royal York hotel.  Nearly 700 attendees came out to enjoy a hot breakfast, the company of a wide range of professional, business, academic and community based women and men, and particularly enjoyed this year's panel of speakers. The panel, moderated by Marcia McClung (granddaughter of "Famous Five" member, Nellie McClung), comprised of three young women leaders:  Tonika Morgan, Project Manager of Women Moving Forward, Laurel Mitchell, Founder of the Miss G Project, and Salimah Y. Ebrahim, journalist and founder of the Spirit Bear Youth Coalition. The panel responded to questions regarding young women's equality, activism, and the role of young women in feminism today. The event was a success on all fronts, netting over $85,000 towards LEAF's equality work and bringing together a diverse group of equality supporters in Toronto.

A special thank you goes out to this year's Title Sponsor - C.A. Delaney Capital Management and to Patron sponsors BMO Financial Group, Elementary Teachers' Federation of Ontario, Gowling Lafleur Henderson LLP, McCarthy T�trault LLP, Scotiabank Group, TD Canada Trust and all Table sponsors, in-kind donors and attendees. 

In a questionnaire, guestsshared overwhelmingly positive feedback:

 -        The forum was wondrous! So refreshing to hear young articulate passionate panelists.

-          This was so inspiring. THANK YOU!

-          Very good - the panel discussion was outstanding

-          I loved that the focus of the panel was young feminists. This often isn't a focus in many forums

-          The panelists were exceptional and their discussion very engaging

-          Excellent - we need a reminder at least once a year of achievements & challenge

Longtime LEAF supporter Marilou McPhedran was recently appointed Chief Commissioner of the Saskatchewan Human Rights Commission. Involved since LEAF's inception, Marilou worked as a volunteer between 1981-1985 and was subsequently one of LEAF's founding mothers in 1985. She is also former chair of the LEAF Foundation and LEAF National.  Marilou is currently a visiting professor holding the Ariel F. Sallows Chair in Human Rights at the University of Saskatchewan College of Law. Congratulations Marilou!

Honda v. Kevin Keays:

By order dated October 31, 2007, LEAF was granted leave to intervene in Honda v. Keays.  Honda v. Keays is a wrongful dismissal case regarding compensation for harassment and discrimination for employees with disabilities.

This appeal raises the question of whether courts have the responsibility to apply common law principles in a manner consistent with the protections afforded to individuals by human rights law, and the relationship between human rights and the common law.  LEAF is concerned that equality claimants are currently denied full and meaningful access to justice. This is because common law fails to recognize fully discriminatory wrongs, and to adequately and coherently compensate for discriminatory harm. This has resulted in the artificial and unnecessary separation of human rights laws from civil wrongs,.  LEAF will argue that employment contracts should be understood to prohibit all forms of discrimination, and that equality claimants are entitled to compensation for the breach of this implied term of contract. An implied term of an employment contract would be that an employee shall not engage in nor be subject to sexual harassment.

LEAF will also argue that the comparator group analysis for both human rights and section 15 purposes must incorporate substantive equality, not the formal equality limitations advocated by the Appellant Honda.

The following groups/institutions were also granted leave to intervene in Honda: Council of Canadians with Disabilities, Ontario Human Rights Commission, Canadian Human Rights Commission, Manitoba Human Rights Commission, Human Resources Professionals Association of Ontario, National ME/FM Action Network, Ontario Network of Injured Workers Groups, and the Alliance of Manufacturers and Exporters Canada. A decision has not yet been made with respect to oral argument.

LEAF National Consultation on the Impact of NAPE/Auton/Hodge:

On November 3 and 4, LEAF hosted a consultation in Ottawa to study the impact of the Supreme Court of Canada's decisions in NAPE v. Newfoundland, Auton v. British Columbia, and Hodge v. Canada on equality jurisprudence in Canada.  The Supreme Court's decisions in NAPE, Auton and Hodge have significantly turned back the clock on equality rights progress in Canada. The goal of the consultation was to assess the impact of the Supreme Court's decisions in NAPE, Auton and Hodge, and also to strategize about how to repair the damage done by these decisions and work towards achieving improved equality rights jurisprudence.

The agenda for the consultation, broadly speaking, addressed the following issues; the status of the s.15 discrimination test, the status of formal vs. substantive equality, the status of the comparator analysis, the status of s. 1 analyses and the significance of cost based justifications, and the importation of cost based concerns out of s.1 and into remedy considerations.

A final report summarizing the consultation findings will be available in the new year and will be posted on LEAF's website.

LEAF is grateful to the Court Challenges Program and the Shirley E. Greenberg Chair for Women and the Legal Profession at the Ottawa University Law School for funding this consultation.