ARCTIC OBITER

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6 | <strong>ARCTIC</strong> <strong>OBITER</strong> (CONTINUED FROM PAGE 5) September 12 th , at Our Place Dining Lounge. Law Society President Karen Lajoie and CBA President Janice Walsh look forward to hosting you at that event where the guest speaker for the occasion is Justice Ian Binnie of the Supreme Court of Canada. Justice Binnie will also present a special Lunch & Learn event at 12 noon, September 11 th , at the Explorer Hotel. Space for both events is limited – please get your RSVP in early to avoid disappointment. that meeting were very positive and continued dialogue will take place in September. In closing, I hope you have all had an opportunity to enjoy the ‚northern‛ summer, and I look forward to returning home soon. A reminder that either your Form V or your Statutory Declaration is due on September 1 st . Those who fail to comply will stand automatically suspended and be subject to a reinstatement fee of $250 when they comply. Members of the Civility Task Force, including Laura Stevens, QC, and Maureen Crotty-Williams, the Society’s Lay Member, met with Justice John Vertes and Chief Judge Brian Bruser to discuss civility in the courtroom. The results from GREEN MEETINGS: Linda Whitford, Elaine Keenan Bengts, Janice Walsh and Sarah Kay prepare for a meeting in Dublin, Ireland. The President of the Law Society of the Northwest Territories & The President of the Northwest Territories Branch of the Canadian Bar Association cordially invite all members to the 4 th Annual Presidents’ Dinner with Special Guest The Honourable Mr. Justice W. Ian Binnie Puisne Judge of the Supreme Court of Canada Saturday, September 12th, 2009 - 6:00 pm Our Place Dining Room, Yellowknife TICKETS ARE $50.00. BLACK TIE OPTIONAL. CASH BAR. RSVP AND PURCHASE TICKETS AT THE LAW SOCIETY OFFICE NO LATER THAN SEPTEMBER 7, 2009. PURCHASE TICKETS EARLY AS SPACE IS LIMITED.
JULY/AUGUST 2009 | 7 COMMITTEE & SECTION NEWS Disabilities in the Workplace by Austin Marshall, Chair, Labour and Employment Law Section The Labour and Employment Law Section wishes to report on the Disabilities Seminar held on June 19, 2009. This was a ½ day CLE that was packed with legal and medical information, and a good deal of practical advice. A panel of two lawyers and one occupational therapist delivered the seminar to a receptive audience. The day began with a presentation from Mike Triggs, Director Legal Services, Workers Safety and Compensation Commission (WSCC) on the new Workers Compensation Act. The legislation continues the c o r n e r s t o n e o f W o r k e r s Compensation statutes across Canada, which is the principle of no-fault compensation for workplace injuries in return for employer immunity from suit. The benefits available for temporary and permanent injuries were of particular interest to the participants. As a result of the new Act, the WSCC now has the ability to go beyond the normal formulas for compensation where payment is obviously inadequate. It was apparent from the discussion that lawyers working in the workers compensation area should become familiar with the workings of the WSCC. An understanding of how claims are administered with the Board will yield positive results in representing an injured worker. In current times, disability management has taken on a key role in the workplace. Marion Hutton gave a presentation on the role of health professionals in this area. Marion is an occupational therapist who delivers disability management services in the north under the name of Life Care Planning Ltd. At any given time 8 - 12 % of Canada’s workforce is absent from work due to illness or injury. Where a disability is involved, it may result from a workplace injury, or from other causes. The recovery process, and accommodation of the injury in the workplace, is the focus of disability management. The discussion highlighted the role a disability manager can play as an independent resource working with the employer and the employee to find solutions. By assembling the appropriate professional resources the disability manager can explore the range of problems concerned with the nature of the injury, rehabilitation, the demands of the job, and alternatives. Disability management will assume an ever increasing role in the modern day workplace. The presentation emphasized the importance for persons practising in the labour law area to understand the concept of disability management and how it can be used effectively. The day wrapped up with a presentation from Chris Sabat on the l e g a l a s p e c t s o f d i s a b i l i t y management. Chris practises at Gowlings in the firm’s occupational health and safety and environmental law section. Prior to joining Gowlings, Chris had gained experience in this area as a Crown prosecutor. The presentation reviewed a number of recent cases concerning legal issues in dealing with a disabled employee. In the disciplinary area, it is important to keep the sequence of events in mind. Work performance gets the top spot in the employment relationship. Once an employee raises a disability issue, the focus then shifts to accommodation. The employer will likely face difficulty in proving that changes to job requirements will pose an undue hardship (the ‚bona fide occupational requirement‛ test). The Labour and Employment Section wishes to thank Mike Triggs, Marion Hutton and Chris Sabat for taking time out of their busy schedules to deliver the seminar; Loretta Bouwmeester for her help in coordinating the panel; the local CBA office for doing the background tasks that made the seminar possible; and finally, all of those who attended. Their lively interest in the topics made the day a wonderful event.
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