Tag Archives: hiring labour lawyer

Human Rights Law in Canada

Human Rights Law in Canada

Canada is a country that provides its citizens with a wide range of rights and freedoms.  In 1977, the Parliament of Canada passed the Canadian Human Rights Act that intends to define rights and freedoms that apply equally to all its citizens regardless of their personal identities.  In other words, no matter your sex, sexual orientation, gender (including gender identity and gender expression), race, marital status, creed, age, ethnicity, ability, and political or religious belief, you should be afforded equal opportunity under the law.

If ever you have felt discrimination, it is the Canadian Human Rights Act that would outline which protections you are afforded.  That being said, this Act is under federal jurisdiction, and there are also provincial and territorial laws that apply to human rights in Canada.  While the Canadian Human Rights Act protects individuals for federally regulated activities, each of the provinces and territories would have their own set of anti-discrimination laws that protect individuals at that level.  For example, with respect to employment protections, the Canadian Human Rights Act protects those Canadians that are employed by the federal government, First Nations governments, and private companies that are federally regulated (i.e. banks, trucking companies, broadcasters, and telecommunications companies).

Additionally, the Canadian Human Rights Act not only protects against discrimination, but harassment as well.  Whereas discrimination may be defined as unjust or prejudicial treatment of an individual based on factors such as race, religion, sex, or gender, harassment constitutes a form of discrimination that includes any physical or verbal behaviour that you deem offensive or humiliating.  Harassment is typically considered behaviour that persists over a period of time, particularly if you have identified the behaviour as harassing and attempted to communicate to the perpetrator how their behaviour negatively affects you.

There are a wide range of behaviours that are considered harassment according to the Canadian Human Rights Act.  Unwelcome comments or jokes about aspects of your identity, threats or intimidation related to your identity, or unwelcome physical content such as touching or pinching are all examples of behaviour that may be defined as harassment.

Ultimately, the Canadian Human Rights Act sets out to provide all Canadians with a safe space in which they can be employed, conduct business, and engage in society without the risk of harassment or discrimination.  Should you feel that you have been treated unjustly because of aspects of your identity that include but are not limited to your sex, sexual orientation, gender (including gender identity and gender expression), race, marital status, creed, age, ethnicity, ability, and political or religious belief, you should speak with a lawyer about your rights as a Canadian.  None of us should feel oppressed or ostracized as citizens of this country.

Things to Look for when Hiring a Labour Lawyer

Things-to-Look-for-when-Hiring-a-Labour-Lawyer

Just as you would expect variability in the skills and service of any professional, not all labour lawyers provide the same level of service.  So, what are some things to look for when hiring a labour lawyer?

Experience

It probably goes without saying that labour law is a specialized field and your lawyer should absolutely have experience with labour law.  You want to know that your lawyer is successful and can provide evidence of this success.  Labour lawyers are even further specialized, and some may have unique expertise in areas such as wrongful dismissal, human rights complaints, or negotiating employment contracts.  Take the time to ensure your lawyer not only has experience in employment law, but also the area in which you need assistance.

Integrity

Sometimes professionals in any field will say just about anything to land a client, and this can happen in law as well.  You want to know you can trust your lawyer and that they are giving you realistic advice.  Bold predictions or understated costs should be faced with some skepticism on the part of the client.  Seek realistic advice that is based on a comprehensive review of your case and associated legislation.

Communication

Legalese can be difficult to navigate, so your lawyer needs to be able to communicate with you in terms you understand.  But, beyond putting the law into lay terms, you also want to be able to communicate effectively with your lawyer.  Are your questions answered in a timely manner?  Can you contact your lawyer when you need them?  Remember that good communication is the cornerstone of any successful relationship, and your communication needs are of primary importance – you’re the client!

Support

Your legal journey may be a difficult one.  Though the law should be objective, the experience of the law is not.  The most effective lawyers argue your case with compassion and empathy.  When it comes to labour law, your lawyer should be sensitive to your concerns regarding employment and the greater impact this has on your life.

Professional

Professionalism in law requires representatives to be organized and goal oriented.  Timelines should be well-organized, advice should be delivered clearly, and schedules should be treated with the utmost respect.  You can get a quick gauge of a labour lawyer’s professionalism by simply visiting their offices.  Are the spaces maintained in a clean and orderly fashion, or are their piles of files and papers seemingly askew?  Is support staff clear and concise in their communications?  You shouldn’t always judge a book by it’s cover, but if you enter a law office and things are obviously disorganized, take this as a red flag.

You should always speak with at least two potential lawyers before finally hiring your labour lawyer.  These tips should help you choose somebody who will represent you effectively, but at the end of the day you should also trust your instincts to a degree.  Choose the lawyer that represents the values of the profession while also meeting your personal needs.