Observant visitors may have noticed a couple new faces on the website lately. Alycia Shaw joined Jewitt McLuckie & Associates this past February, and Cara Ryan, who has been our articling student for the past 10 months, has graduated to Associate as of her very recent call to the bar this month. We’re delighted to welcome them both to the JM&A team as we continue to fight the good fight for labour unions and working people.
On December 17, 2015, Kael McKenzie was appointed as a Judge of the Provincial Court in Winnipeg. He is the first openly transgender person appointed to the bench in Canada. Like many provinces, Manitoba recognizes the diversity of the province as a central criterion to the judicial appointment process. The Provincial Court Act demands that a qualifying candidate represent the “diversity of Manitoba.”[1] McKenzie’s appointment illustrates the judicial selection committee’s adherence to the legislation and efforts to address the lack of judicial diversity seriously. As Canadian anti-discrimination laws continue to develop, it is fundamental to such progress that the judiciary also be increasingly representative of the citizenry over which they preside. A diverse bench will undoubtedly result in more socially aware and contextualized decision-making. Speaking to the importance of diversity within the judiciary, in the Supreme Court of Canada decision R v R.D.S, Justices McLachlin and L’Heureux-Dubé wrote:
“Judges in a bilingual, multiracial and multicultural society will undoubtedly approach the task of judging from their varied perspectives. They will certainly have been shaped by, and gained insight from, their different experiences, and cannot be expected to divorce themselves from these experiences on the occasion of their appointment to the bench. In fact, such a transformation would deny society the benefit of the valuable knowledge gained by the judiciary while they were members of the Bar.”[2]
Further addressing the need for a more diverse bench, Chief Justice McLachlin eloquently stated, “Many people, particularly women and visible minorities, may have less than complete trust in a system composed exclusively or predominantly of middle-aged white men in pinstriped trousers.”[3] Justice McKenzie may well be a man who wears pinstriped trousers, but his experience and perspective is a welcome addition to the bench, and it will be interesting to witness the impact of increasing diversity on the development of law and the evolving concept of justice in Canada.
————-
[1] Provincial Court Act
[2] R. v. R.D.S. [1997] 3 S.C.R. 484
[3] http://www.scotland-judiciary.org.uk/Upload/Documents/JSCInauguralLectureJune2012.pdf page 21
Story: Cara Ryan
Cover image and text: http://www.cbc.ca/news/canada/manitoba/transgender-judge-manitoba-appointment-1.3372983
Accommodation Overload: Are Unions Victims of Their Own Success? – On May 26th join Samantha Lamb to learn about issues for Labour Lawyers and Unions to be mindful of as workplaces reach their accommodation saturation point and there is competition among members for the last few suitable accommodated jobs in a department/workplace. You can learn more about the ½ day conference and register at: https://ecom.lsuc.on.ca/cpd/product.jsp?id=CLE16-0051001
Image credit: Slavic and East European Collections, The New York Public Library. “[A shock-worker in Kiev]” The New York Public Library Digital Collections. 1917 – 1937. http://digitalcollections.nypl.org/items/510d47db-a837-a3d9-e040-e00a18064a99
Last week, Jewitt McLuckie & Associates partnered with REACH Canada to host one-day conference called “Mental Wellness in the Workplace: Understanding and Working with PTSD, Addictions and Depression.” With mental health issues now a leading cause of short and long-term disability claims in Canada [1], this timely topic drew over 80 people to the CUPE Local 503 Training Hall on Carling Avenue. Medical experts, labour lawyers, union leaders, first responders, peer support program coordinators, mental health and disability advocates all generously shared their knowledge via slide presentations and lively panel discussions. We learned about identifying these “invisible disabilities”, developing accommodation plans that work for employees and employers, and the upcoming changes recognizing PTSD presumptively as a Workplace Illness for first responders as set out in Bill 163, as well as practical tips for lawyers and laypeople working their way through the WSIB and long-term disability claims processes.
Conference feedback was extremely positive for the overall experience, and we are proud to report that while they enjoyed the presentations, attendees also found practical benefits. Some appreciated the strategies for dealing with insurance companies and navigating workplace accommodation processes, while others intend to use what they learned to initiate peer support groups in their own workplaces.
This conference had a purpose beyond merely sharing knowledge: it was a fundraiser for REACH Canada, a charitable, self-funded and non-profit organization currently celebrating its 35th year connecting people with various disabilities to lawyer referral and educational services. Jewitt McLuckie & Associates is pleased to announce that as a result of this Conference, REACH will be receiving a donation of $3000.00 and we wish them many fruitful years continuing their excellent work in the community.
[1] https://canadasafetycouncil.org/workplace-safety/mental-health-and-workplace
On February 18, the Ontario Ministry of Labour announced the introduction of the Supporting Ontario’s First Responders Act (Posttraumatic Stress Disorder), 2016, to enable first responders suffering from Post-Traumatic Stress Disorder (PTSD) to more quickly access much-needed treatment and resources.
This welcome announcement follows years of effort by paramedics and other first responders, led by NDP MPP Cheri DiNovo, on a private member’s bill to amend the Workplace Safety and Insurance Act, 1997 (WSIA) with regards to PTSD. Under the existing legislation in the WSIA, first responders must prove a causal link between PTSD and a workplace event, despite the fact that they experience PTSD at twice the rate of the general population. This often results in protracted claims processes and workers who feel re-traumatized by their struggle for support. Under the new bill, any first responder diagnosed with PTSD by a psychiatrist or psychologist will be entitled to expedited WSIB benefits and appropriate treatment. In addition, employers will be required to implement PTSD prevention plans in workplaces.
Over 73,000 first responders in Ontario would benefit from the proposed legislation, including police officers; firefighters; paramedics; workers in correctional institutions and secure youth justice facilities; First Nations emergency response teams; and dispatchers of police, firefighter and ambulance services. The inclusion of the latter group is a welcome addition to the Ministry’s legislation and was not part of DiNovo’s original bill.
First responders will be able to make claims up to 24 months after leaving an included occupation. Although new claims, pending claims and claims currently being appealed will be reconsidered under the presumption, any claims which have exhausted the appeals process will not.
The pressing need for improved policies to support first responders is something partner John McLuckie knows very well, given his work with paramedics and communications officers. As part of the firm’s efforts to advocate on behalf of workers struggling with this disorder, we are offering a conference on April 21, Mental Wellness in the Workplace: Understanding and Working with PTSD, Addictions and Depression, featuring experts on PTSD including Fiona Gilligan, of the Ottawa Anxiety and Trauma Clinic. You can register for the conference HERE.
Photo credit: https://scfop3.org/first-responders-and-ptsd/
We are pleased to announce that as the new year begins, our firm also embarks on an exciting new phase. As of January 1st, 2016, Alison Longmore, Samantha Lamb, Dina Mashayekhi, and Randy Slepchik are partners in the firm. Randy, Dina, Samantha and Alison have all been valued members of the JM&A team as associates for the past number of years, and we look forward to their continued contributions in their new roles. This new structure has prompted the creation of a limited liability partnership, and so we will also have a (slightly) different name: Jewitt McLuckie & Associates LLP. However, our commitment to fighting the good fight with labour unions and working people remains unchanged. Happy New Year!
“Where have all the good people gone?” wonders Canadian rock legend Sam Roberts in one of his songs. We’re pretty sure a lot of them were gathered at TD Place Saturday night for the 8th annual Rock for Public Services concert organized by CUPE Local 503. Roberts and his band were joined by Matt Mays and Amanda Rheaume and played for a full house of music-loving union members and public servants, as well as Ottawans who appreciate a free concert. As always, the concert was raising funds for charity, and this year’s chosen organization was the NWAC’s Sisters In Spirit initiative. Attendees raised $12, 246.72! JM&A was proud to contribute to this important cause.
David Jewitt spoke to incoming students at uOttawa Faculty of Law (Common Law Section) on Mind Body Awareness Practices for Lawyers: How to Find Balance and Focus in the Practice of Law. David had the students up and out of their seats for some firsthand experience in mind/body awareness. He credits his yoga and mindfulness practice for his ability to thrive in an incredibly challenging field. We wish this year’s class all the best as they develop their own strategies for handling the stressful world of law practice!
(Photo credit – Marina Pavlović, via Twitter)
Jewitt McLuckie & Associates got a bird’s eye view of Ottawa’s Labour Day Parade 2015. Despite the scorching weather, there was a strong union presence, with enthusiastic marchers from CUPE, ATU, IBEW, CAPE, PIPSC, PSAC and others on their way over to McNabb Park. Thanks to the generosity of the Ottawa District Labour Council, the festivities continued with a free barbecue and lots of family fun. We hope everyone had a great long weekend and remembered to thank the labour movement pioneers who made it possible!
