Our Areas of Practice
Civil Liberties
Fundamental freedoms from state control (including democratic, mobility and legal rights) – although these seem inherently important to us today – were only explicitly guaranteed to persons in Canada by virtue of the Canadian Charter of Rights and Freedoms in 1982. The last three decades have witnessed an evolving discussion in our courts as to what these rights mean in a practical sense.
We help clients understand when the Charter applies against government action or legislation and the modalities of how to advocate their rights in a cost effective manner that is responsive to their interests.
As an area of increasing concern since the so-called “Global War on Terror”, we have developed experience advising and representing clients in the context of surveillance, and national security investigations led by the Canadian Security and Intelligence Service (CSIS). The lawyers at HF provide advice and representation to persons who because of their religion, cultural affiliations, country of origin or personal associations find themselves and their families the subject of state surveillance.
Civil Litigation
Civil litigation involves a procedural system whereby a person may seek remedies for wrongs that are not criminal in nature. Remedies may include financial payment, a declaration of a right or legal conclusion or an order of a court for a person to do or refrain from doing something.
HF deals with a number of different cases involving the protection of basic rights of persons including questions of defamation, harassment, negligence, assault and public misfeasance. We do not deal with cases of personal injury in the context of automobile accidents nor do we deal with cases of medical malpractice.
Human Rights
Equality rights in Canada have since the 1970s been protected in various provinces through provincial human rights codes and at the federal level by virtue of the Canadian Human Rights Act. With some variation, under these human rights codes, it is prohibited to discriminate against persons on the basis of “…race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability.”1
Recent changes to the Ontario Human Rights Code have provided complainants with the opportunity to have their complaints directly adjudicated by the Ontario Human Rights Tribunal. We assist clients in advising them on their rights, drafting complaints and representing them before the provincial and federal human rights tribunals.
1 Ontario Human Rights Code, R.S.O. 1990, c. H.19, section 1.
Labour & Employment
We advise and represent both unionized and non-unionized employees in conflicts with their employers. Practically speaking, unionized employees must resolve any dispute with their employers through grievance arbitration under the guidance and representation of their unions.1 We assist unionized employees in understanding the dynamics of grievance arbitration, how to draft a grievance and, with permission of the union, we represent clients in the arbitration process.
For the non-unionized workplace, we advise and represent clients in seeking remedies for any disputes that occur in the workplace, which may include – harassment, discipline, random drug testing, discrimination or termination. For cases of termination of employment where there is not “cause”, we represent clients in civil actions for wrongful dismissal. We also provide independent legal advice to clients who have received a severance package or proposal for compensation for their early termination.
1 Weber v. Ontario Hydro [1995] 2 S.C.R. 929. Although some exceptions exist to the rule that disputes in the unionized workplace must be addressed through arbitration, these exceptions are narrow.
Immigration and Refugee Law
Immigrating to Canada is fraught with hurdles. Under the Immigration and Refugee Protection Act people may come to Canada as visitors, investors or temporary workers. We provide consultations with clients to assist them in the category that suits their objectives.
For persons seeking refuge from state persecution in their country of origin, we also provide advice and representation in the formulation of refugee claims before the Immigration and Refugee Board. The lawyers at HF are constantly following changing global events and are sensitive to the concerns that motivate migration and are cognizant of the barriers to recognizing status for persons who are forced to move from their home country. We provide representation and try to find solutions for clients in the areas of refugee claims, rights for non-status persons and protections for persons caught in the bureaucracy of refugee determination.