This is the personal memoir of blind lawyer and volunteer disability rights advocate David Lepofsky. It describes his involvement in and perspectives on the successful fight from 1980 to 1982 to get Canada’s proposed Charter of Rights amended to guarantee equal rights for people with disabilities. It includes a foreword by the Hon. Rosalie Abella, former Justice of the Supreme Court of Canada. This memoir recounts the little-known saga of the disability amendment to the Charter. Few know that equality for people with disabilities was the only constitutional right added to the Canadian Charter of Rights and Freedoms during the widely publicized eighteen-month battle over the patriation of Canada’s Constitution, from October 1980 to April 1982. It is aimed at anyone interested in disability rights, human rights, Canadian political or legal history, social justice advocacy, and Canadian constitutional law. It provides a mix of legal and legislative history, personal autobiography, grassroots advocacy strategy and reflective commentary on lessons learned. It compares social justice advocacy techniques in 1980 to those practiced in the disability rights arena four decades later.
{"title":"Swimming Up Niagara Falls! The Battle to Get Disability Rights Added to the Canadian Charter of Rights and Freedoms","authors":"M. D. Lepofsky","doi":"10.22329/wyaj.v39.8579","DOIUrl":"https://doi.org/10.22329/wyaj.v39.8579","url":null,"abstract":"This is the personal memoir of blind lawyer and volunteer disability rights advocate David Lepofsky. It describes his involvement in and perspectives on the successful fight from 1980 to 1982 to get Canada’s proposed Charter of Rights amended to guarantee equal rights for people with disabilities. It includes a foreword by the Hon. Rosalie Abella, former Justice of the Supreme Court of Canada. This memoir recounts the little-known saga of the disability amendment to the Charter. Few know that equality for people with disabilities was the only constitutional right added to the Canadian Charter of Rights and Freedoms during the widely publicized eighteen-month battle over the patriation of Canada’s Constitution, from October 1980 to April 1982. It is aimed at anyone interested in disability rights, human rights, Canadian political or legal history, social justice advocacy, and Canadian constitutional law. It provides a mix of legal and legislative history, personal autobiography, grassroots advocacy strategy and reflective commentary on lessons learned. It compares social justice advocacy techniques in 1980 to those practiced in the disability rights arena four decades later.","PeriodicalId":56232,"journal":{"name":"Windsor Yearbook of Access to Justice","volume":"10 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140712050","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Canada’s ratification of the United Nations Convention on the Rights of Persons with Disabilities [CRPD]in 2010 was met with hope and excitement that it would lead to much-needed improvements in equality, inclusion and accessibility for persons with disabilities in Canada. This paper explores the impact the CRPD has had on Canadian jurisprudence in the decade since Canada ratified the treaty. Our analysis of the jurisprudence indicates that Canadian courts and tribunals have employed a variety of approaches to the CRPD, for which we provide illustrative examples. Overall, the CRPD has impacted the reasoning or outcome in a small number of cases, but has not exerted great influence in Canadian jurisprudence to date. Despite this limited impact, a number of emerging factors suggest that the CRPD may well become more influential in Canadian jurisprudence in the future.
{"title":"The Influence of the Convention on the Rights of Persons with Disabilities on Canadian Jurisprudence in the First Decade Since its Ratification","authors":"Jessica De Marinis, Kerri Joffe, Rachel Weiner","doi":"10.22329/wyaj.v38.7781","DOIUrl":"https://doi.org/10.22329/wyaj.v38.7781","url":null,"abstract":"Canada’s ratification of the United Nations Convention on the Rights of Persons with Disabilities [CRPD]in 2010 was met with hope and excitement that it would lead to much-needed improvements in equality, inclusion and accessibility for persons with disabilities in Canada. This paper explores the impact the CRPD has had on Canadian jurisprudence in the decade since Canada ratified the treaty. Our analysis of the jurisprudence indicates that Canadian courts and tribunals have employed a variety of approaches to the CRPD, for which we provide illustrative examples. Overall, the CRPD has impacted the reasoning or outcome in a small number of cases, but has not exerted great influence in Canadian jurisprudence to date. Despite this limited impact, a number of emerging factors suggest that the CRPD may well become more influential in Canadian jurisprudence in the future.","PeriodicalId":56232,"journal":{"name":"Windsor Yearbook of Access to Justice","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46519962","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Articled students in Canada tend to be exempt from provincial employment standards legislation, which govern minimum hourly wages and overtime and statutory holiday pay rates. Exemption from these provisions, along with the strong power dynamic present in the articled student-principal relationship, has fostered exploitative working conditions for articled students. To justify the exclusion of articled students from employment standards legislation, supporters of the status quo have propagated the narrative that articled students’ labour is not that of an employee, despite evidence to the contrary. In recent years, advocates have proposed various reforms to improve the working conditions of articled students, but they have not targeted employment standards legislation itself. With a focus on British Columbia, this article argues that a better solution to improve the working conditions of articled students is to apply the base provisions of the Employment Standards Act. Further, on closer examination, assertions that such an approach is contrary to the public interest are more rhetorical than substantive.
{"title":"Students in Name Only: Improving the Working Conditions of Articled Students Via the Application of the BC Employment Standards Act","authors":"Chas.Edw. Blair","doi":"10.22329/wyaj.v38.7778","DOIUrl":"https://doi.org/10.22329/wyaj.v38.7778","url":null,"abstract":"Articled students in Canada tend to be exempt from provincial employment standards legislation, which govern minimum hourly wages and overtime and statutory holiday pay rates. Exemption from these provisions, along with the strong power dynamic present in the articled student-principal relationship, has fostered exploitative working conditions for articled students. To justify the exclusion of articled students from employment standards legislation, supporters of the status quo have propagated the narrative that articled students’ labour is not that of an employee, despite evidence to the contrary. In recent years, advocates have proposed various reforms to improve the working conditions of articled students, but they have not targeted employment standards legislation itself. With a focus on British Columbia, this article argues that a better solution to improve the working conditions of articled students is to apply the base provisions of the Employment Standards Act. Further, on closer examination, assertions that such an approach is contrary to the public interest are more rhetorical than substantive.","PeriodicalId":56232,"journal":{"name":"Windsor Yearbook of Access to Justice","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48741917","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In the Canadian province of Quebec, the role of the courts is crucial in civil, criminal or administrative proceedings concerning mental health: the courts must ensure both public safety and the protection of the rights of defendants. Therapeutic-jurisprudence theory has had a major influence on mental-health court practice over the past 30 years. According to that theory, the court system must take into account the therapeutic effects of the law and the judicial process to promote adherence to treatment by defendants. The empirical analysis of judicial practices in Quebec shows that courts have been the main actors in the decline of rights in mental health. Therapeutic justice has been dominated by discriminatory, controlling and reformist tendencies. These include the trivialization of concerns about the judicialization of groups living in precarious conditions, inconsistent and lifestyle-oriented legal arguments, and treatment-related judicial decisions.
{"title":"The Triumph of the “Therapeutic” in Quebec Courts: Mental Health, Behavioural Reform and the Decline of Rights","authors":"Emily Bernheim","doi":"10.22329/wyaj.v38.7779","DOIUrl":"https://doi.org/10.22329/wyaj.v38.7779","url":null,"abstract":"In the Canadian province of Quebec, the role of the courts is crucial in civil, criminal or administrative proceedings concerning mental health: the courts must ensure both public safety and the protection of the rights of defendants. \u0000Therapeutic-jurisprudence theory has had a major influence on mental-health court practice over the past 30 years. According to that theory, the court system must take into account the therapeutic effects of the law and the judicial process to promote adherence to treatment by defendants. \u0000The empirical analysis of judicial practices in Quebec shows that courts have been the main actors in the decline of rights in mental health. Therapeutic justice has been dominated by discriminatory, controlling and reformist tendencies. These include the trivialization of concerns about the judicialization of groups living in precarious conditions, inconsistent and lifestyle-oriented legal arguments, and treatment-related judicial decisions.","PeriodicalId":56232,"journal":{"name":"Windsor Yearbook of Access to Justice","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43137340","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Canada's legal profession is not sufficiently equipped to meet the legal needs of clients with disabilities. For decades, legal education focused primarily, if not exclusively, on training law students to serve clients without disabilities. A law student can complete their legal education while learning little about how to meet the legal needs of clients with disabilities. Law students need to be effectively trained to serve clients with disabilities as well as clients with no disabilities. Law faculties commendably focus increasingly on Equity, Diversity, and Inclusion. Disability should be a strong and equal focus in their equity, diversity and inclusion strategies. How can a law school fix this? This article gives a roadmap, and gives further resources enabling law deans and law teachers to quickly take action. This article first describes why it is important to expand a law school's disability curriculum. It spells out disability content that should be shared with students, including a course-by-course delineation of topics. It offers practical, cost-effective options for law schools to systematically work towards permanently embedding disability content in their programs. A law school should make a concerted policy decision and create an action plan. This article’s tools point the way.
{"title":"People With Disabilities Need Lawyers Too! A Ready-To-Use Plan for Law Schools to Educate Law Students to Effectively Serve the Legal Needs of Clients With Disabilities as Well as Clients Without Disabilities","authors":"David Lepofsky","doi":"10.22329/wyaj.v38.7780","DOIUrl":"https://doi.org/10.22329/wyaj.v38.7780","url":null,"abstract":"\u0000Canada's legal profession is not sufficiently equipped to meet the legal needs of clients with disabilities. For decades, legal education focused primarily, if not exclusively, on training law students to serve clients without disabilities. A law student can complete their legal education while learning little about how to meet the legal needs of clients with disabilities. Law students need to be effectively trained to serve clients with disabilities as well as clients with no disabilities. Law faculties commendably focus increasingly on Equity, Diversity, and Inclusion. Disability should be a strong and equal focus in their equity, diversity and inclusion strategies. How can a law school fix this? This article gives a roadmap, and gives further resources enabling law deans and law teachers to quickly take action. This article first describes why it is important to expand a law school's disability curriculum. It spells out disability content that should be shared with students, including a course-by-course delineation of topics. It offers practical, cost-effective options for law schools to systematically work towards permanently embedding disability content in their programs. A law school should make a concerted policy decision and create an action plan. This article’s tools point the way. \u0000","PeriodicalId":56232,"journal":{"name":"Windsor Yearbook of Access to Justice","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49210896","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Alicia Lam, Vanessa Emery, Renee Griffin, Michael A. Saini
This project is a key demonstration of the benefits of social workers practising alongside lawyers within a legal clinic. Inter-professional practice between lawyers and social workers responds holistically to the needs of individuals experiencing socio-legal issues by both addressing their legal issues while supporting their mental, emotional, and spiritual well-being and adjustment. We provide lessons learned based on a new initiative that integrates social work within a legal clinic as a means of providing opportunities to receive individualized support while addressing legal issues.
{"title":"Integrating Social Work Within Legal Clinics: An Inter-Professional Perspective to Address Social-Legal Needs","authors":"Alicia Lam, Vanessa Emery, Renee Griffin, Michael A. Saini","doi":"10.22329/wyaj.v38.7389","DOIUrl":"https://doi.org/10.22329/wyaj.v38.7389","url":null,"abstract":"This project is a key demonstration of the benefits of social workers practising alongside lawyers within a legal clinic. Inter-professional practice between lawyers and social workers responds holistically to the needs of individuals experiencing socio-legal issues by both addressing their legal issues while supporting their mental, emotional, and spiritual well-being and adjustment. We provide lessons learned based on a new initiative that integrates social work within a legal clinic as a means of providing opportunities to receive individualized support while addressing legal issues.","PeriodicalId":56232,"journal":{"name":"Windsor Yearbook of Access to Justice","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45461367","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In the mid-twentieth century, Ontario abandoned a simple, full indemnity costs rule in favour of a discretionary, partial indemnity costs regime with hundreds of sub-rules. This article argues that this was a mistake. Partial indemnity has no doctrinal, principled, or practical benefits that cannot be incorporated into a full costs regime. Additionally, partial indemnity carries significant costs to access to justice. Instead, this article proposes a costs regime that incorporates the best features of both the old rule and the new regime. In brief, it proposes a full indemnity rule; capped at the losing party’s costs; with exceptions for divided success, impecuniosity, and public interest cases; and discretionary fines for engaging in misconduct or dilatory tactics. Collectively, these rules would advance access to justice more than the existing costs regime.
{"title":"Incomplete Justice: The Costs of Partial Indemnity","authors":"Adil Abdulla","doi":"10.22329/wyaj.v38.7391","DOIUrl":"https://doi.org/10.22329/wyaj.v38.7391","url":null,"abstract":"In the mid-twentieth century, Ontario abandoned a simple, full indemnity costs rule in favour of a discretionary, partial indemnity costs regime with hundreds of sub-rules. This article argues that this was a mistake. Partial indemnity has no doctrinal, principled, or practical benefits that cannot be incorporated into a full costs regime. Additionally, partial indemnity carries significant costs to access to justice. Instead, this article proposes a costs regime that incorporates the best features of both the old rule and the new regime. In brief, it proposes a full indemnity rule; capped at the losing party’s costs; with exceptions for divided success, impecuniosity, and public interest cases; and discretionary fines for engaging in misconduct or dilatory tactics. Collectively, these rules would advance access to justice more than the existing costs regime.","PeriodicalId":56232,"journal":{"name":"Windsor Yearbook of Access to Justice","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41453106","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
As the world navigates the impending consequences of climate change, Canada remains one of the few countries to reject the right to a healthy environment for its citizens within the Canadian Constitution. Although Canada purports itself to be a free and democratic society, many argue that their freedoms are continually neglected by laws that continue to disregard the environment and, therefore, their right to a healthy existence. This article is an investigation into a particular word that is woven throughout Canada’s Constitution: “freedom.” It is an investigation into the conflicting understandings of the word and how these contrasting meanings have impacted Canada’s Constitution and its relationship to land. This article analyzes the history of freedom as seen through a liberal belief system and contrasts this understanding with Indigenous concepts of freedom, as told through Haisla and Nuu-chah-nulth stories. These narratives explore how the differing concepts of freedom have affected relationships with the land and the laws that govern the land. Finally, the discussion of these themes draws upon the possibility of using story within Canada’s laws to change the Constitution’s current relationship with the land in order to mitigate the potential effects of climate change. I argue that the liberal, colonialist world view is ever present in our current legal system and is in fact facilitated through the word “freedom.” Until we begin to re-story our Constitution through a diversity of understandings and world views, Canada will continue to ignore the looming ramifications of climate change.
{"title":"The Consequences of Unfreedom: Learning from Story Amidst a Global Climate Crisis","authors":"Meghan Robinson","doi":"10.22329/wyaj.v38.7390","DOIUrl":"https://doi.org/10.22329/wyaj.v38.7390","url":null,"abstract":"As the world navigates the impending consequences of climate change, Canada remains one of the few countries to reject the right to a healthy environment for its citizens within the Canadian Constitution. Although Canada purports itself to be a free and democratic society, many argue that their freedoms are continually neglected by laws that continue to disregard the environment and, therefore, their right to a healthy existence. This article is an investigation into a particular word that is woven throughout Canada’s Constitution: “freedom.” It is an investigation into the conflicting understandings of the word and how these contrasting meanings have impacted Canada’s Constitution and its relationship to land. This article analyzes the history of freedom as seen through a liberal belief system and contrasts this understanding with Indigenous concepts of freedom, as told through Haisla and Nuu-chah-nulth stories. These narratives explore how the differing concepts of freedom have affected relationships with the land and the laws that govern the land. Finally, the discussion of these themes draws upon the possibility of using story within Canada’s laws to change the Constitution’s current relationship with the land in order to mitigate the potential effects of climate change. I argue that the liberal, colonialist world view is ever present in our current legal system and is in fact facilitated through the word “freedom.” Until we begin to re-story our Constitution through a diversity of understandings and world views, Canada will continue to ignore the looming ramifications of climate change.","PeriodicalId":56232,"journal":{"name":"Windsor Yearbook of Access to Justice","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43154119","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
How is a tenants’ union defined within the parameters of the law? How have tenants been defining themselves as a union outside of the law? This paper will examine the answers to these questions by laying out the historical context of the current rental regime in Ontario, analyzing the current case law on tenant associational activity, and highlighting the organizational tactics that tenants’ associations have used to build power where the law has failed to protect their interests. While advancing a legal case for robust tenant associational rights may force landlords to the bargaining table, the future of tenants’ associations in and outside of the law should draw on lessons learned from the labour movement in Canada with a “whole-worker organizing” approach in mind.
{"title":"“A So-Called Tenants’ Union”: Defining the Organizational Power of Tenants within and outside the Law","authors":"Seema Shafei","doi":"10.22329/wyaj.v38.7392","DOIUrl":"https://doi.org/10.22329/wyaj.v38.7392","url":null,"abstract":"How is a tenants’ union defined within the parameters of the law? How have tenants been defining themselves as a union outside of the law? This paper will examine the answers to these questions by laying out the historical context of the current rental regime in Ontario, analyzing the current case law on tenant associational activity, and highlighting the organizational tactics that tenants’ associations have used to build power where the law has failed to protect their interests. While advancing a legal case for robust tenant associational rights may force landlords to the bargaining table, the future of tenants’ associations in and outside of the law should draw on lessons learned from the labour movement in Canada with a “whole-worker organizing” approach in mind.","PeriodicalId":56232,"journal":{"name":"Windsor Yearbook of Access to Justice","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41458939","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-05-16DOI: 10.22329/wyaj.v37i1.7196
Dalia Gesualdi-Fecteau, Maxine Visotzky-Charlebois
Au Québec, les personnes ayant subi un accident du travail ou souffrant d’une maladie professionnelle au sens de la Loi sur les accidents du travail et les maladies professionnelles sont susceptibles de cheminer dans un processus de contestation devant le Tribunal administratif du travail. Le présent article fait état de résultats de recherche mettant en lumière les défis en matière d’accès à l’accompagnement et à la représentation auxquels les personnes non syndiquées peuvent faire face, que celles-ci soient admissibles à l’aide juridique ou non. Si le Québec se démarque du reste du Canada relativement à l’accès à la représentation des personnes salariées non syndiquées en matière de normes du travail, force est de constater qu’il fait piètre figure quant au soutien et à l’assistance fournie aux personnes accidentées ou malades du travail. En effet, ces dernières font face à des écueils importants en matière d’accès à la représentation et à l’accompagnement. Pourtant, le fait d’être représenté ou accompagné semble avoir des avantages indéniables pour les personnes accidentées ou malades du travail cheminant dans ce processus judiciarisé.
{"title":"L’accès à l’accompagnement et à la représentation par les personnes accidentées ou malades du travail : une analyse sous le prisme des coûts de la justice","authors":"Dalia Gesualdi-Fecteau, Maxine Visotzky-Charlebois","doi":"10.22329/wyaj.v37i1.7196","DOIUrl":"https://doi.org/10.22329/wyaj.v37i1.7196","url":null,"abstract":"Au Québec, les personnes ayant subi un accident du travail ou souffrant d’une maladie professionnelle au sens de la Loi sur les accidents du travail et les maladies professionnelles sont susceptibles de cheminer dans un processus de contestation devant le Tribunal administratif du travail. Le présent article fait état de résultats de recherche mettant en lumière les défis en matière d’accès à l’accompagnement et à la représentation auxquels les personnes non syndiquées peuvent faire face, que celles-ci soient admissibles à l’aide juridique ou non. Si le Québec se démarque du reste du Canada relativement à l’accès à la représentation des personnes salariées non syndiquées en matière de normes du travail, force est de constater qu’il fait piètre figure quant au soutien et à l’assistance fournie aux personnes accidentées ou malades du travail. En effet, ces dernières font face à des écueils importants en matière d’accès à la représentation et à l’accompagnement. Pourtant, le fait d’être représenté ou accompagné semble avoir des avantages indéniables pour les personnes accidentées ou malades du travail cheminant dans ce processus judiciarisé.","PeriodicalId":56232,"journal":{"name":"Windsor Yearbook of Access to Justice","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49266880","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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