The Inaccessibility Of Justice For Migrant Workers: A Capabilities-Based Perspective

This article examines the barriers migrant workers face in accessing justice, including the ability to assert legal rights in the workplace, and to access mechanisms for legal redress or remedy. Drawing on empirical research, and using the capabilities approach as a conceptual framework through which to examine these issues, this article demonstrates that the regulatory structure of the Temporary Foreign Worker Programs operates to actively constrain the ability for migrant workers to assert their rights in the workplace, and seek effective legal remedies in the face of rights violations

Workplace Sexual Harassment: Assessing the Effectiveness of Human Rights Law in Canada

This report analyzes substantive decisions on the merits concerning workplace sexual harassment at each of the BC and Ontario Human Rights Tribunals from 2000-2018, with a view to identifying how the law of sexual harassment is understood, interpreted and applied by the Tribunals’ adjudicators. In particular, this report examines whether, and to what extent, gender-based stereotypes and myths known to occur in criminal justice proceedings arise in the human rights context. This report examines substantive decisions on the merits for claims of workplace sexual harassment from 2000-2018 in BC and Ontario. The limitation to substantive decisions allows for a greater focus on the core research question of this project, which asks about adjudicators’ interpretation and application of the legal principles where they have the benefit of a full hearing. This is not, therefore, reflective of the scope of sexual harassment incidents, many of which will be not reported or pursued through legal means, or which may be settled, dismissed or abandoned prior to a full hearing

Platform Workers and Collective Labour Action in the Modern Economy

This article surveys existing efforts by platform workers to collectively organize and advance their labour interests, with a view to improving their working rights and conditions. After reviewing the status of platform workers, the challenges and contours of their work, and the needs and interests that may be served through collective labour action in Section I, this article describes and comments on identified forms of collective labour action undertaken by platform workers across a number of jurisdictions in Section II. As this article discusses, collective labour action, in its many modalities, both formal and informal, creates a context in which the traditional legal debates regarding the status of the worker become less important, focusing instead on the actual needs, interests, rights and conditions of work at issue. Collective labour action, as a tool for improving workplace rights and conditions, as well as a political strategy, also creates greater space for the participation and voice of workers. The rich and diverse forms of collective labour action undertaken by platform workers provide both illustrations and lessons that can be drawn for workers in other precarious industries and jobs, and more broadly in considering the future of labour law in a modern economy increasingly characterized by work outside of traditional direct employment, a discussion taken up in Section III. This article thus sets a descriptive foundation for further dialogue on the future of labour law in the modern economy, both for platform workers and the many other, and growing, populations of workers falling outside of traditional labour and employment protections

An Unwelcome Burden: Sexual Harassment, Consent and Legal Complaints

The legal definition of sexual harassment was set down thirty years ago in the Supreme Court of Canada decision of Janzen v. Platy Enterprises as “unwelcome conduct of a sexual nature that detrimentally affects the work environment or leads to adverse job-related consequences for the victim of the harassment.” Remarkably little has changed in the interpretation and application of these elements since Janzen was decided. However, both legal and social norms concerning sexual misconduct and consent have substantially developed in that time. This article unpacks the problematic consequences flowing from the treatment of consent in sexual harassment complaints under human rights law and argues for a shift in the legal principles governing sexual harassment complaints. It draws support from criminal law and tort law, each of which has shifted towards an affirmative consent standard due to similar problems and concerns regarding reliance on gender-based myths and stereotypes

Workplace Sexual Harassment and the Unwelcome Requirement: An Analysis of BC Human Rights Tribunal Decisions from 2010 to 2016

Legal complaints concerning workplace sexual harassment are anticipated to increase, following in the wake of the #MeToo movement and a number of high-profile cases in Canada. Yet little contemporary research has analyzed sexual harassment laws in Canada. This article contributes to further research on sexual harassment laws through a case analysis of BC Human Rights Tribunal decisions from 2010 to 2016. This article analyzes trends in assessing credibility and character in sexual harassment complaints and establishes that the requirement that a complainant prove that the conduct in question was “unwelcome” improperly shifts the focus of the legal inquiry towards her own behaviour. Drawing on well-documented issues concerning gendered myths and stereotypes in the sexual assault context, this article demonstrates that similar problems are introduced in sexual harassment complaints through the “unwelcome” requirement

Assessing Sexually Harassing Conduct in the Workplace: An Analysis of BC Human Rights Tribunal Decisions in 2010–16

Sexual harassment in the workplace was first recognized as a form of discrimination in the 1980s. Since that time, the concepts of sexual harassment and discrimination have evolved substantially. This article explores how human rights tribunals address complaints of sexual harassment in the workplace through a case analysis of BC Human Rights Tribunal decisions from 2010 to 2016. Focusing on an examination of how the tribunal determines what constitutes sexually harassing conduct, this article suggests that, while human rights tribunals are advancing in their understanding and analysis of sexual harassment claims, there remain inherent limitations associated with the individualized nature of anti-discrimination law and with the legal principles governing complaints of sexual harassment

Doctoral Studies in Law: From the Inside Out

This article explores the purpose, structure and experience of doctoral studies in Canadian law schools. Relying on an auto-ethnographic methodology where we draw on our personal experience as doctoral students, we identify three tensions in doctoral studies in law. We explore how these tensions-between practice/theory structure/space, and supervisory/other relationships-emerge from the structure of doctoral studies in law and how they manifest themselves in the lived experience of doctoral students. We detail how these tensions are a product of the ambiguous and underexplored nature ofdoctoral studies in law. By making these tensions explicit, we encourage doctoral students, law professors and administrators to reflect more critically on the place of doctoral studies in Canadian law schools

Lassa Fever in Post-Conflict Sierra Leone

Background: Lassa fever (LF), an often-fatal hemorrhagic disease caused by Lassa virus (LASV), is a major public health threat in West Africa. When the violent civil conflict in Sierra Leone (1991 to 2002) ended, an international consortium assisted in restoration of the LF program at Kenema Government Hospital (KGH) in an area with the world's highest incidence of the disease. Methodology/Principal Findings Clinical and laboratory records of patients presenting to the KGH Lassa Ward in the post-conflict period were organized electronically. Recombinant antigen-based LF immunoassays were used to assess LASV antigenemia and LASV-specific antibodies in patients who met criteria for suspected LF. KGH has been reestablished as a center for LF treatment and research, with over 500 suspected cases now presenting yearly. Higher case fatality rates (CFRs) in LF patients were observed compared to studies conducted prior to the civil conflict. Different criteria for defining LF stages and differences in sensitivity of assays likely account for these differences. The highest incidence of LF in Sierra Leone was observed during the dry season. LF cases were observed in ten of Sierra Leone's thirteen districts, with numerous cases from outside the traditional endemic zone. Deaths in patients presenting with LASV antigenemia were skewed towards individuals less than 29 years of age. Women self-reporting as pregnant were significantly overrepresented among LASV antigenemic patients. The CFR of ribavirin-treated patients presenting early in acute infection was lower than in untreated subjects. Conclusions/Significance: Lassa fever remains a major public health threat in Sierra Leone. Outreach activities should expand because LF may be more widespread in Sierra Leone than previously recognized. Enhanced case finding to ensure rapid diagnosis and treatment is imperative to reduce mortality. Even with ribavirin treatment, there was a high rate of fatalities underscoring the need to develop more effective and/or supplemental treatments for LF

Multiorgan MRI findings after hospitalisation with COVID-19 in the UK (C-MORE): a prospective, multicentre, observational cohort study

Introduction: The multiorgan impact of moderate to severe coronavirus infections in the post-acute phase is still poorly understood. We aimed to evaluate the excess burden of multiorgan abnormalities after hospitalisation with COVID-19, evaluate their determinants, and explore associations with patient-related outcome measures. Methods: In a prospective, UK-wide, multicentre MRI follow-up study (C-MORE), adults (aged ≥18 years) discharged from hospital following COVID-19 who were included in Tier 2 of the Post-hospitalisation COVID-19 study (PHOSP-COVID) and contemporary controls with no evidence of previous COVID-19 (SARS-CoV-2 nucleocapsid antibody negative) underwent multiorgan MRI (lungs, heart, brain, liver, and kidneys) with quantitative and qualitative assessment of images and clinical adjudication when relevant. Individuals with end-stage renal failure or contraindications to MRI were excluded. Participants also underwent detailed recording of symptoms, and physiological and biochemical tests. The primary outcome was the excess burden of multiorgan abnormalities (two or more organs) relative to controls, with further adjustments for potential confounders. The C-MORE study is ongoing and is registered with ClinicalTrials.gov, NCT04510025. Findings: Of 2710 participants in Tier 2 of PHOSP-COVID, 531 were recruited across 13 UK-wide C-MORE sites. After exclusions, 259 C-MORE patients (mean age 57 years [SD 12]; 158 [61%] male and 101 [39%] female) who were discharged from hospital with PCR-confirmed or clinically diagnosed COVID-19 between March 1, 2020, and Nov 1, 2021, and 52 non-COVID-19 controls from the community (mean age 49 years [SD 14]; 30 [58%] male and 22 [42%] female) were included in the analysis. Patients were assessed at a median of 5·0 months (IQR 4·2–6·3) after hospital discharge. Compared with non-COVID-19 controls, patients were older, living with more obesity, and had more comorbidities. Multiorgan abnormalities on MRI were more frequent in patients than in controls (157 [61%] of 259 vs 14 [27%] of 52; p<0·0001) and independently associated with COVID-19 status (odds ratio [OR] 2·9 [95% CI 1·5–5·8]; padjusted=0·0023) after adjusting for relevant confounders. Compared with controls, patients were more likely to have MRI evidence of lung abnormalities (p=0·0001; parenchymal abnormalities), brain abnormalities (p<0·0001; more white matter hyperintensities and regional brain volume reduction), and kidney abnormalities (p=0·014; lower medullary T1 and loss of corticomedullary differentiation), whereas cardiac and liver MRI abnormalities were similar between patients and controls. Patients with multiorgan abnormalities were older (difference in mean age 7 years [95% CI 4–10]; mean age of 59·8 years [SD 11·7] with multiorgan abnormalities vs mean age of 52·8 years [11·9] without multiorgan abnormalities; p<0·0001), more likely to have three or more comorbidities (OR 2·47 [1·32–4·82]; padjusted=0·0059), and more likely to have a more severe acute infection (acute CRP >5mg/L, OR 3·55 [1·23–11·88]; padjusted=0·025) than those without multiorgan abnormalities. Presence of lung MRI abnormalities was associated with a two-fold higher risk of chest tightness, and multiorgan MRI abnormalities were associated with severe and very severe persistent physical and mental health impairment (PHOSP-COVID symptom clusters) after hospitalisation. Interpretation: After hospitalisation for COVID-19, people are at risk of multiorgan abnormalities in the medium term. Our findings emphasise the need for proactive multidisciplinary care pathways, with the potential for imaging to guide surveillance frequency and therapeutic stratification