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Human Rights & Discrimination


The ever increasing attention on discrimination and human rights issues has resulted in the need for organizations to be vigilant and proactive in reassessing and reviewing their operations in the context of human rights law. Whether your organization is developing a diversity policy, assessing how to reasonably accommodate an individual’s disability or defending against a human rights complaint, Fasken human rights lawyers can help.
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Overview

With the ever increasing attention on discrimination and human rights issues, it is critical for organizations to be vigilant and proactive in reassessing and reviewing their operations in the context of human rights law. Whether your organization is developing a diversity policy, assessing how to reasonably accommodate an individual’s disability or defending against a human rights complaint, Fasken human rights lawyers can help.

We work with organizations to help them address human rights issues in all areas including employment, private and public services, tenancy and publication. We have extensive experience before tribunals and courts defending organizations facing human rights complaints.

From a proactive perspective, we assist our clients in considering their human rights obligations and developing policies related to human rights such as diversity, anti-harassment, anti-bullying and accommodation of disabilities. In addition, we train managers and supervisors on their human rights obligations and providing guidance on how to avoid and respond to internal complaints. Where necessary, we carry out thorough investigations for organizations into human rights allegations, respecting the rules of procedural fairness.

Our team is known for our representational work and our practical, effective advice in all areas of human rights. We advise companies, societies, municipalities and other organizations in all areas of human rights including relating to sexual and racial harassment, the duty to accommodate, mental health issues, and Equity, Diversity and Inclusion initiatives. We regularly represent organizations in respect of complaints before Human Rights Commissions, Boards of Inquiry and Human Rights Tribunals.

Subscribe to our HR Space bulletin to learn more about our human rights and discrimination service offerings. You can also browse some of our recent experiences or contact any of our human rights lawyers.

Achievements

  • Ranked nationwide as top tier (Band 1) in Business & Human Rights Law, Chambers Canada 2024 to 2026
  • Ranked nationwide in Human Rights, The Globe and Mail 2023 to 2026
The Globe and Mail The Globe and Mail Ranked nationwide in Human Rights This award is presented by The Globe and Mail and Statista Inc., the world-leading statistics portal and industry ranking provider.
The Globe and Mail The Globe and Mail Ranked nationwide in Human Rights This award is presented by The Globe and Mail and Statista Inc., the world-leading statistics portal and industry ranking provider.

Team

Primary Contacts
  • David G. Wong, Partner | Co-leader, Labour, Employment & Human Rights, Vancouver, BC, +1 604 631 4920, [email protected]
  • Andrew Dixon, Partner | Labour, Employment & Human Rights, Calgary, AB, +1 403 261 8481, [email protected]
  • Paul Fouche, Partner | Labour, Employment & Human Rights, Johannesburg, +27 11 586 6021, [email protected]
  • Karine Fournier, CIRC, Partner | Co-Leader Montreal LEHR, Montréal, QC, +1 514 397 5252, [email protected]
  • Judith Parisien, Partner | Labour, Employment & Human Rights, Ottawa, ON, +1 613 696 6858, [email protected]
David G. Wong, Partner | Co-leader, Labour, Employment & Human Rights David G. Wong Partner | Co-leader, Labour, Employment & Human Rights Vancouver, BC +1 604 631 4920
Andrew Dixon, Partner | Labour, Employment & Human Rights Andrew Dixon Partner | Labour, Employment & Human Rights Calgary, AB +1 403 261 8481
Paul Fouche, Partner | Labour, Employment & Human Rights Paul Fouche Partner | Labour, Employment & Human Rights Johannesburg +27 11 586 6021
Karine Fournier, Partner | Co-Leader Montreal LEHR Karine Fournier, CIRC Partner | Co-Leader Montreal LEHR Montréal, QC +1 514 397 5252
Judith Parisien Ottawa Lawyer Judith Parisien Partner | Labour, Employment & Human Rights Ottawa, ON +1 613 696 6858

Experience

  • A company operating in the agricultural sector was found compliant following an employeur compliance inspection, [Deal - Agricultural company], An employer compliance inspection conducted under the Temporary Foreign Worker Program.
  • Foreign Worker Recruitment Agency relies on Fasken for various employer compliance questions, [Deal - Foreign Worker Recruitment Agency], Questions related to employer compliance with immigration, employment and human rights.
  • The Canadian Centre for Gender and Sexual Diversity and Community-Based Research Centre intervene at the Supreme Court of Canada, [Case - The Canadian Centre for Gender and Sexual Diversity and the Community-Based Research Centre], Supreme Court of Canada takes significant steps to recognize the importance of equality-affirming value of protective speech.
  • Meridian Credit Union Limited successful in having human rights application dismissed on preliminary basis, [Case - Meridian Credit Union Limited], Human Rights Tribunal of Ontario application alleging that that the Respondents discriminated against the Applicant in their provision of insurance included with a credit card is dismissed
  • York University successful in having termination for benefits fraud upheld, [Case - York University], Top ranked international teaching and research university defends termination grievance
  • Rayonier Inc. successfully defends against union policy grievances alleging violation of the Canadian Charter of Rights and Freedoms, [Case - Rayonier Inc.], Defense against grievances regarding the age 65 cut-off provision in a long-term disability benefits plan
  • Schroeter v. Peel District School Board, [Case - Peel District School Board], Shane Todd successfully defended a complaint to the Human Rights Tribunal of Ontario alleging Peel District School Board discriminated against an employee and engaged in a reprisal when the employee was dismissed for misconduct.
  • BC Housing Management Commission Human Rights Complaint and the Duty to Accommodate, [Case - BC Housing Management Commission], Defended BC Housing Management Commission in a significant human rights complaint relating to the duty to accommodate
  • Molson Coors in a grievance under the new article 41.1 of the Act Respecting Labour Standards, [Case - Molson Coors Canada], Grievance under new section 41.1 of the Act Respecting Labour Standards (Loi sur les normes du travail). This article states that: "No employer may remunerate an employee at a lower rate of wage than that granted to his other employees performing the same tasks in the same establishment solely be...

Knowledge

  • Chambers Global 2025 Practice Guide: Employment – Canada Chapter, 10/1/2025
  • Chambers Global 2025 Practice Guide: Business & Human Rights, 7/24/2025
  • Pay Equity Blitz Audits Are Coming for Federally-Regulated Employers, 4/16/2025
  • Proposed Regulations to Mitigate Drug and Device Shortages in Canada, 2/28/2025
  • A Win for Employers: Application of Vaccination Policy Not Discriminatory, 11/27/2024
  • The Supreme Court writes about the legal framework that applies to discrimination claims involving freedom of expression under the Charter of human rights and freedoms, 12/7/2021
  • Terminating Employee Benefits at Age 65 Ruled Unconstitutional, 10/17/2018

Events

  • CLC Part II Challenges: Managing Workplace Violence and Harassment Complaints, Investigations, and Reprisal Risks, 6/17/2026
  • The State of Business and Human Rights (BHR) in 2026: Where Do We Stand Now?, 2/23/2026
  • Workplace accommodation: Where do we draw the line?, 6/14/2023
  • Amendments to the Competition Act: What are the implications for employers?, 5/17/2023
  • When Artificial Intelligence invites itself into the Human Resources Management of Organizations, 4/19/2023
  • Theft or Breach of Employee Data: 10 Practical Tips to Avoid a Crisis and How to Manage One if It Happens, 3/22/2023
  • Immigration and the LGBTQ Community, 6/20/2017
  • Latest in the Duty to Accommodate, 2/28/2014
  • Blockbuster Annual Update on Labour, Employment, Human Rights & Privacy 2013, 5/23/2013
  • Bill 14: Recognizing Claims of Mental Disorder - What It Means And How Your Organization Will Be Impacted, 10/23/2012

News

  • Daphnée Legault comments on employers’ obligations regarding psychological safety in Canadian HR Reporter, 2/15/2026
  • Fasken Recognized at the 2022 ProBono.Org Awards, 2/10/2023
  • Fasken Recognized on The Globe and Mail’s List of Canada’s Best Law Firms 2022, 11/16/2021
  • The 2021 Canadian Legal Lexpert Directory Recognizes 235 Fasken Lawyers, 4/22/2021
  • 2020 Chambers Canada Guide Recognizes 108 Fasken Lawyers, 9/19/2019
  • Fasken Takes Five in Lexpert®’s Top 10 Deals and Top 10 Business Decisions of 2018, 2/22/2019
  • Lexpert Magazine quoted Dominique Monet in an article about accommodating workers needs in groundbreaking ways, 9/1/2015
  • 2015 Lexpert directory recommends 158 Fasken Martineau Lawyers, 6/25/2015
  • The Lawyers Weekly quotes John Campion in an article about Ontario’s law society refusing to accredit Trinity Western University’s planned law school, 5/9/2014

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