SHARP Workplaces Lawyer Training

SHARP Workplaces Continuing Training

In 2022-24 SHARP Workplaces offered continued training in partnership with Courthouse Libraries for roster lawyers providing advice to people who experienced workplace sexual harassment. This training built on the 2021 SHARP Workplaces Foundational Training.

See also Resources for SHARP Workplaces Lawyers for additional materials.

WorkSafeBC Handling of Workplace Sexual Harassment Claims (January 2022 – 1.5 hours)

Learn about how WorkSafeBC handles workplace sexual harassment and assault claims in this 1.5-hr webinar. This presentation will cover the intake and adjudication of workplace sexual assault and harassment claims as well as how WorkSafeBC handles civil actions against perpetrators of sexual assault under the subrogation provisions of s. 130 of the Workers’ Compensation Act.

 The presenters are Jenn Stevens and Ben Parkin with WorkSafeBC.

Participants viewing this webinar may claim up to 1.5 hours of CPD credit with the Law Society of BC.

• WorkSafe BC Handling of Workplace Sexual Harassment Claims

Human Rights and Workplace Sexual Harassment: Case Updates (February 2022 – 1.5 hours)

Join us for a discussion of the evolving law on sexual harassment in BC with a panel of practicing human rights lawyers and a renowned expert in the field. We will examine the impact of two recent cases:
Byelkova v. Fraser Health Authority, 2021 BCSC 1312, and Byelkova v. Fraser Health Authority and another (No. 2), 2021 BCHRT159, and
Ms. K v. Deep Creek Store and another, 2021 BCHRT 158

The panel of presenters includes:
Aleem Bharmal, Q.C., Lawyer at the Human Rights Clinic, CLAS
Jonathan Blair, Lawyer at the Community Law Program, CLAS
Emily Zarychta, Legal Advocate at the Human Rights Clinic, CLAS
Bethany Hastie, Assistant Professor at the Peter Allard School of Law, University of British Columbia 

Participants viewing this webinar may claim up to 1.5 hours of CPD credit with the Law Society of BC.

• Human Rights and Workplace Sexual Harassment presentation

Brief Therapeutic Tools when Supporting Survivors of Sexualized Violence – Sandra Suasnabar Alberco (March 2022 – 1.5 hours)

This workshop will focus on supporting survivors of sexualized violence in the workplace.  The session will be informative to anyone interested in learning more about trauma and sexualized violence, whether or not it is not directly applicable to your area of practice.

This workshop was held in person.

Preparing Clients for Mediation in Workplace Sexual Harassment Claims (June 2022 – 1.5 hours)

Learn tips and strategies for preparing your client for mediation in a workplace sexual harassment claim from the perspective of legal counsel and a mediator. This 1.5hr presentation will focus on how lawyers can best assist a self-represented client to prepare for and navigate a mediation process. Lawyers representing a client at mediation may also benefit from this session.

Presenters:
Rose Keith, Q.C., mediator and Associate Counsel at Harper Grey, and
Fred Wynne, employment and human rights lawyer and mediator, Tevlin Gleadle Curtis

Participants viewing this webinar may claim up to 1.5 hours of CPD credit with the Law Society of BC, including 1 hour of Practice Management credit. 

• SHARP Workplaces Guide to Developing a Mediation Brief
• SHARP Workplaces Mediation Brief example
• SHARP Workplaces Mediation fact pattern
• SHARP Workplaces Mediation fact pattern 2

Strategies, Considerations, and Pitfalls to Avoid in Negotiations and Settlements of Sexual Harassment Claims (October 2022 – 1.5 hours)

Join Clea Parfitt, an experienced human rights and employment law lawyer, as she discusses strategies, considerations, and common pitfalls to avoid in negotiating settlements for clients with sexual harassment claims. She will discuss assessing your client’s claim, approaches to negotiation, and identifying and addressing concerns in settlement agreements and releases, such as non-disclosure agreements. While Clea will highlight particular issues in sexual harassment claims, this session may be of interest to anyone who engages in negotiations and settlements. 

Participants viewing this webinar may claim up to 1.5 hours of CPD credit with the Law Society of BC. 

• Client Interview Guidelines
• Negotiations Chapter
• Negotiations & Settlement Presentation
• Trauma Informed Practice

The Increasing Risk of Defamation Claims and Privacy Concerns (April 2023- 1.5 hours)

Since the #MeToo Movement more complainants have chosen to speak out about their experiences to the press or online. Defamation lawsuits are increasingly used to silence complainants or commentary on allegations of sexual harassment, misconduct and other types of complaints. Join us to learn how the law is rapidly evolving in this area, particular complexities in cases involving sharing comments online, and the realities of defamation lawsuits, limits of available defences, and anti-SLAPP legislation.

Presented by Daniel Reid and Roshni Veerapen, Harper Grey LLP. 

Attendees may claim up to 1.5 hours of CPD credit with the Law Society of BC.

• Defamation and Privacy in the #MeToo Era

Civil Claims for Sexual Assault (May 2023 – 1.5 hours)

This presentation provides an overview of the challenges and complexities of pursuing a civil claim for sexual assault and issues to consider when representing a survivor/complainant of sexual assault. Our presenter, Megan Ellis, KC, discusses understanding and assessing the claim, the evidence required, common issues of privacy that arise, and damages available. She also highlights best practices in working with and supporting clients through the process.

The presenter is Megan Ellis, KC, Megan Ellis & Company. 

Participants viewing this webinar may claim up to 1.5 hours of CPD with the Law Society of BC.

• Civil Claims for Sexual Assault handout 

Practical consideration in Parallel Proceedings for Workplace Sexual Harassment Claims (October 2023 – 1.5 hours)

Complainants of workplace sexual harassment in a unionized environment often encounter multiple forums including grievance processes and arbitration, WorkSafe BC claims, human rights, civil and criminal proceedings. Assisting them to understand the different proceedings may help them prioritize their options and navigate the processes. In this presentation, Sara Hanson discusses the challenges and pitfalls of various employment processes, issues of overlapping jurisdiction, and general concerns in parallel proceedings. She also offers practical considerations for lawyers providing legal advice to clients, and how best to support the client navigate their options.

The presenter is Sara Hanson, Senior Associate, Moore Edgar Lyster LLP. 

Participants viewing this webinar may claim up to 1.5 hours of CPD with the Law Society of BC.

• Practical Considerations in Parallel Proceedings slides

Cultural Competency and Trauma-Informed Approaches for Working with Indigenous Clients (November 2023 – 1.5 hours)

Employing Indigenous-centred and trauma-informed approaches is essential to assisting Indigenous clients facing workplace sexual harassment situations. To be effective, lawyers must be able to understand the diversity, complexities, and intersectionality of Indigenous people. In this presentation, Karen Snowshoe, KC, discussed intercultural competency, trauma-informed advocacy, Indigenous Reconciliation and how to identify appropriate jurisdiction for workplace sexual harassment claims. She also offered her perspective as a BC Human Rights Tribunal Member hearing sexual harassment complaints, and provided practice tips for lawyers providing legal advice to clients engaged in mediation/settlement process at the Tribunal, and how to prepare clients for these processes.

The presenter was Karen L. Snowshoe, K.C., Snowshoe Law.

Participants who attended this webinar may claim up to 1.5 hours of CPD credit with the Law Society of BC.

The webinar recording is available to roster lawyers only. Roster lawyers: please contact standinformed@clasbc.net for the link.

Navigating Workplace Investigations: Legal coaching and Practice Tips for SHARP Workplaces Clients (November 2023 – 1.5 hours)

Providing limited scope legal services to SHARP Workplaces clients in workplace sexual harassment situations engages special considerations, especially when advising self-represented clients – unionized and non-unionized – who are navigating workplace investigations. In this 1.5 hour interactive webinar, Jessica Forman discusses legal coaching practice tips in the context of workplace sexual harassment investigations: from initial interview with the clients to empowering them to identify their goals and navigate their options. This training session was structured as a meeting (not a webinar). Attendees were expected to participate in small groups during breakout room discussions.

The presenter is Jessica Forman, Employment Lawyer & Workplace Investigator, Forte Workplace Law

Participants may claim 1.5 hours (including .5 hours ethics) of CPD credit with the Law Society of BC if attending the live presentation including participatory group work, or 1 hour if viewing recording.

• Navigating Workplace Investigations: Legal Coaching slides
• Navigating Workplace Investigations: Legal Coaching case studies

Workers’ Advisers Office BC’s handling of Workplace Sexual Harassment Complaints (December 2023 – 1.5 hours)

Learn about who Workers’ Advisers Office (WAO) is, what they do, the advice and assistance provided to complainants of workplace sexual harassment claims, and when to refer clients to WAO in this webinar. This also covers Prohibited Action complaints under sections 47 and 48 of the Workers Compensation Act and parallel compensation claims, respective timelines to file the complaints with WorkSafeBC, the evidence required, how to appeal or request a review of WorkSafeBC decision, how the complaints may be resolved and types of remedies.

The presenter is Christina Dorsch, Regional Manager, Workers Advisers Office. 

Participants viewing this webinar may claim up to 1.5 hours of CPD credit with the Law Society of BC.

• Workers’ Advisers Office slides

Workers Advisers Office BC: Mental Disorder Claims and Responding to Bullying and Harassment in the Workplace (January 2024 – 1.5 hours)

This is the second of two-part sessions by Workers’ Advisers Office (WAO) on assisting clients with mental disorder claims under section 135 of the Workers Compensation Act. Anette Hoffer, Workers’ Adviser at WAO, discusses some historical highlights of legislative changes, and how they have affected the adjudication of mental disorder claims. Anette also addresses the common areas of denial in mental disorder claims with specific focus on bullying and harassment, how to assist clients navigate the mental disorder claims process, and preparing records and obtaining evidence that demonstrate the workplace bullying and harassment was a significant stressor for WorkSafeBC reviews or appeals.

The presenter is Anette Hoffer, Workers’ Adviser, Workers Advisers Office BC. 

Participants viewing this webinar may claim up to 1.5 hours of CPD credit with the Law Society of BC.

• Worker’s Advisers Office: Mental Disorder Claims slides 

Practical Considerations in Employment and Civil Law Remedies for Workplace Sexual Harassment Claims (January 2024 – 1.5 hours)

Join us for an interactive overview of specific employment and civil law responsibilities for employers, available remedies for complainants of workplace sexual harassment claims, the challenges and complexities of pursuing these claims, and how best to advise and prepare clients to navigate the intersecting processes. Rose Keith, KC, discusses understanding and accessing various workplace sexual harassments civil claims, and identify what the common law remedies are and when those remedies are available. She also highlights best practices in working and supporting clients through the process. This training session involves a case study and include participatory polls.

The presenter is Rose Keith, KC, Partner, Harper Grey LLP. 

Participants in this webinar may claim up to 1.5 hours of CPD credit with LSBC.

• Practical Considerations in Employment and Civil Law Remedies slides

Silencing Non-Disclosure Agreements: Preventing the Harm they Cause (February 2024 – 1.5 hours)

Non-Disclosure Agreements (NDAs) are being misused by employers, organizations to silence complainants of sexual harassment and sexual misconduct, racial discrimination, and whistleblowers causing further harm. With the #MeToo movement, jurisdictions have introduced legislation to restrict the use of NDAs and companies have pledged not to use them. Join us for a panel discussion on the harms caused by NDAs, strategies and emerging case law, and legislative developments across Canada to address them.

The presenters are Dr. Julie Macfarlane, Emerita Distinguished Professor, University of Windsor, Co-Founder Can’t by my Silence, Jennifer Khor, Supervising Lawyer, SHARP Workplaces and Stand Informed, CLAS, and Clea Parfitt, Lawyer, Clea F. Parfitt. 

Participants in this webinar may claim up to 1.5 hours of CPD credit with LSBC.

• Silencing Non-Disclosure Agreements – Preventing the Harm they Cause – Slides Part 1
• Silencing Non-Disclosure Agreements – Preventing the Harm they Cause – Slides Part 2

BC Labour Relations Board: When is it an option for unionized employees with workplace sexual harassment grievances? (March 2024 – 1.5 hours) 

Unionized employees who experience workplace sexual harassment, including sexual assault, may have concerns about how their union is supporting them during workplace sexual harassment investigations and grievance processes. In this 1.5 hour webinar, Jennifer Glougie, Chair and Jennifer O’Rourke, Staff Lawyer, discuss what the BC Labour Relations Board (the Board) is and what its mandate is with respect to individual employee complaints, including those filed by individuals who experience workplace sexual harassment. The Board presenters discuss the rights under the BC Labour Relations Code that self-represented individuals most often access: specifically, s. 12 (duty of fair representation), s. 10 (internal union affairs), and s. 99 (review of workplace arbitration decisions). They provide practical information on related processes and legal framework, time limits, evidentiary proof, standard of proof, the relevant legal tests and the process for making applications for internal reconsideration of the Board’s decisions.

The presenters are Jennifer Glougie, Chair, and Jennifer O’Rourke, Staff Lawyer, BC Labour Relations Board.

Participants in this webinar may claim up to 1.5 hours of CPD credit with LSBC.

• BC Labour Relations Board slides 

SHARP Workplaces Foundational Training

In 2021 SHARP Workplaces offered a series of ten webinars in partnership with Courthouse Libraries as a foundational training for roster lawyers providing advice to people who experienced workplace sexual harassment.

See also Resources for SHARP Workplaces Lawyers and information on the Clinic.