Raj Anand

Book Chapters, Reports and Essays:

1. “Ethnic Equality” in Anne F. Bayefsky & Mary Eberts, eds, Chapter 2 of Equality Rights and the Charter of Rights and Freedoms, (Toronto, ON: Carswell, 1985).
2. “Report of the Task Force on the Law Concerning Trespass to Publicly-Used Property as it Affects Youth and Minorities” (Toronto, ON: Ontario Ministry of the Attorney General, 1987).
3. “Search and Seizure Under Human Rights Legislation” in Administrative Law: Principles, Practice and Pluralism (Toronto, ON: Special Lectures of the Law Society of Upper Canada, 1992).
4. “Anti-Discrimination Law in Canada”, in Christof Heyns, ed., Discrimination and the Law in South Africa, (Pretoria: Centre for Human Rights, 1994) vol. 1.
5. “Report on Direct Access to Binding Adjudication under the Canadian Human Rights Act” (Ottawa, ON: Canadian Human Rights Act Review Panel, 1999).
6. Co-author, “Zimbabwe Under Siege: A Canadian Civil Society Perspective”, (Zimbabwe Reference Group, 2004).
7. “Judicial Review – Recent Developments”, in Bullen & Leake & Jacob’s Canadian Precedents of Pleadings, 2^nd (Toronto, ON: Carswell, updated periodically).
8. Co-author, “Professional Liability”, in Adam M. Dodek, ed, Canadian Legal Practice, A Guide for the 21^st Century (Markham, ON: LexisNexis Canada, updated periodically).
9. “Real Change? Reflections on Employment Equity’s Last Thirty Years”, Chapter 3 in Employment Equity in Canada – The Legacy of the Abella Report (ed. Carol Agócs) (Toronto, ON: University of Toronto Press, July 2014).
10. “Rule of Law and the Ethical Lawyer”, Canada and the Rule of Law: 150 Years after Confederation / Le Canada et la primauté du droit: 150 ans après la Confédération, June 2017
11. “Federalism and Patriation”, Canada at 150: Building a Free and Democratic Society, (Markham, ON: LexisNexis Canada, October 2017)
12. “Waiver of Privilege”, Privilege: A Litigators’ Guide, Toronto Advocates’ Society, Toronto, ON June 12, 2018

Others:

1. Holding Schools Accountable – A Legal Right to an Appropriate Education?”, Justice for Children Newsletter, Vol. 1, No. 4, 1979.
2. Co-authored with Gail Czukar, Discussion papers on the Canadian Charter of Rights and Freedoms and (1) Provincial Mental Health Statues, and (2) Human Rights Statutes (Canadian Mental Health Association, Human Rights project), 1984.
3. “The Relationship Between Section 15 of the Charter and Employment Legislation”, Canadian Institute for Professional Development, 1985.
4. “Current Issues in Racial Equality”, proceedings of the Annual Conference of the Canadian Institute for the Administration of Justice, 1989.
5. “The Pros and Cons of Internal Human Rights Systems”, proceedings of the National Conference of Racial Equality in the Workplace, 1990.
6. “Internal Human Rights Systems”, Currents: Readings in Race Relations, Vol. 6, No. 3, Dec. 1990.
7. “HIV-Testing in the Unionized Work Place: The Accommodation Challenges Posed by AIDS”, (1992) 1 Canadian Labour Law Journal, 100.
8. “The Quick Fix”, InSight Seminar on Advancing Advocacy in Administrative Law, July 1992
9. “Recent Developments in Human Rights Law”, Canadian Judicial Council Seminar, July 1993.
10. “Implications of Hastings Decision”, CBAO Hide & Seek seminar, March 24, 1994.
11. “Recent Developments in the Law of Evidence”, O.P.S.E.U. Grievance Officers, September 1994.
12. “Applicability of the Charter of Rights and Freedom to the Board of Inquiry (Police Services Act)”, Police Board’s Annual Training Session, October 1994.
13. “Virtual Exclusivity of Collective Agreement Arbitration Remedy”, Labour Alert, Vol. 1, No. 6, June 1997.
14. “Human Rights Violations may be Heard in Court”, Labour Alert, Vol. 1, No. 8, September 1997.
15. “Dealing with Harassment in the Workplace”, InSight Information Inc., December 1, 1997.
16. “An Overview of Class Action Legislation”, Legal Focus, Vol. 1, No. 29, December 1997.
17. “Human Rights: Understanding the Key Principles and Procedures in the Federal Workplace”, Infonex: Federal Workplace Regulation Course, December 9, 1997.
18. “Recent Developments in Human Rights, Labour and Employment Law”, Canadian Museum Association, January 31, 1998.
19. “Looking at the Individual or the Group When Assessing Disadvantage in Charter Litigation”, Canada Watch, October 1998.
20. “Damages for Bad Faith in Wrongful Dismissal”, Labour Alert, 1998.
21. “Federal and International Human Rights Complaints”, Canadian Bar Association, March 24, 2000.
22. “Advocacy Before Tribunals”, Canadian Bar Association-Ontario, October 20, 2000.
23. “Human Rights Update: Recent Developments in Substantive and Procedural Law”, Law Society of Upper Canada, November 22, 2000.
24. “Human Rights Update: Recent Developments Affecting the High-Tech Workforce”, Canadian Institute, Ottawa, ON, January 30, 2001.
25. “Let’s Work Together: Employer and Employee Rights and Obligations Under the Duty to Accommodate”, Infonex Conference, October 22, 2001.
26. “Practical Consideration in Arguing Your Case Before the Ontario Divisional Court”, Canadian Institute, December 3-4, 2001.
27. “HIV & AIDS and Human Rights Issues in the Labour/Employment Context”, University of Ottawa, Ottawa, ON, January 18, 2002.
28. “Racial Harassment: What Employers Need to Know”, Canadian Institute, February 5, 2002.
29. “Practical Tips for Making a Request: Fundamentals of Ontario’s FOI Laws”, Information and Privacy Conference, Ontario Bar Association, May 10, 2002.
30. “Presenting Charter Arguments in Administrative Proceedings: An Update” Administrative Law & Practice Conference, Canadian Institute, October 8, 2002.
31. “How to Handle Employee Absenteeism, Illness and Disability: Employer and Employee Rights and Obligations under the Duty to Accommodate”, Employment Law Conference, Canadian Institute, October 16, 2002.
32. “Solicitor-Client Privilege: The Full Answer and Defence Exception”, Advocates’ Society Fall Convention, November 15, 2002.
33. “Employer and Employee Rights and Obligations Under the Duty to Accommodate”, Federated Press, November 21, 2002.
34. “Strategies for Accommodating Employees’ Religious Rights and Customs”, Infonex, March 25, 2003.
35. “Defining Harassment in Today’s Workplace”, Workplace Violence and Harassment Conference, Infonex, April 30, 2003.
36. “Update on Administrative Law”, 2003 Conference of Ontario Boards and Agencies, November 7, 2003.
37. “Recent Supreme Court Decisions That Affect the Practice of Administrative Law”, Key Changes and Updated Procedures in Administrative Law Conference, Infonex, March 31, 2004.
38. “Some Evidentiary Considerations in Constitutional Litigation”, Special Litigation Skills Certificate Program: Conducting a Constitutional Challenge, The Advocates’ Society, May 13, 2004.
39. “Equality Under s.15: Are We There Yet?”, The Legal and Practical Guide to Constitutional Litigation in Civil Matters, Canadian Institute, June 18, 2004.
40. “Confidentiality of Court Proceedings: An Overview and Update”, Advanced Roundtable in Civil Litigation, Law Society of Upper Canada, October 7, 2004.
41. “Bill of Rights, Human Rights Codes and Vindicating Charter Rights”, Third Annual Charter Conference, Ontario Bar Association, October 15, 2004.
42. “Recent Developments in the Standard of Review: Where Are We Now?”, Advanced Administrative Law and Practice, Canadian Institute, October 21, 2004.
43. “Choice of Forum: Court, Arbitration, OHRC, and other Administrative Remedies“, Human Rights Update – 2005, The Law Society of Upper Canada, March 9, 2005.
44. “Lifeline: Language Access as a Human Rights Issue”, Access Alliance Multicultural CHC, Orangeville, May 5, 2005.
45. “Professional Discipline Proceedings and the Charter of Right and Freedoms”, Professional Regulation Summit: Addressing the Complex issues of Enforcement & Compliance, September 21, 2005.
46. “Does Hearsay Matter”, Spring Symposium 2006: Evidence, Advocacy & Persuasion, The Advocates’ Society, May 12, 2006.
47. “2006 Administrative Law Update”, Council of Canadian Administrative Tribunals, June 12, 2006.
48. “Activisme judiciaire: Mythe ou réalité?”, Horaire du 27e Congrès de l’AJEFO, June 24, 2006.
49. “Lessons learned from the Ontario Suit”, National Conference on Independent Living, September 28, 2006.
50. “Getting up to Speed: An Update on Key Administrative Law Decisions from Across Canada”, 6^th Annual Advanced Administrative Law and Practice, Canadian Institute, October 19-20, 2006.
51. “International Perspectives on Canadian Human Rights Law”, Honouring the Spirit of Human Rights in the Canadian Context, Department of Justice, December 11, 2006.
52. “Recent Supreme Court of Canada Cases Every Administrative Law Practitioner Should Know”, Strategies for Litigating Before Administrative Tribunals, The Advocates’ Society, March 2, 2007.
53. “Bill 107: The Dawn of Direct Access to Human Rights Enforcement”, Conference on Police Employment, The Police Association of Ontario, March 5, 2007.
54. “Fiduciary Duty Claims in Professional Relationship: Redundant or Necessary?” Remedies and Damages:  Are you Getting the Most for Your Clients, The Law Society of Upper Canada, March 6, 2007.
55. “Who Is Your Client? Managing Conflicts of Interest”, Family-Held Summit, Exit and Succession Strategies, The Law Society of Upper Canada, April 20, 2007.
56. “The Human Rights Code and Judicial Review: When Will the Courts Step In?”, The New Human Rights System:  What It Means For Your Practice, Ontario Bar Association, June 11, 2007.
57. “When Enough Is Enough: Accommodation Cases Where Undue Hardship Was Established”, The Duty to Accommodate:  Advanced Issues, Proactive Management of Employer, Union and Employee Responsibilities, InSight Information, June 13, 2007.
58. “Recent Developments in Solicitor-Client and Litigation Privilege: An Analysis of Blank v. Canada (Minister of Justice) and Celanese Canada Inc. v. Murray Demolition Corp., Litigation Privilege: What’s New?”, Osgoode Professional Development Evidence Program, September 19, 2007.
59. “Cross Canada Update: Key Decisions and Developments That Impact Your Work”, 7^th Annual Advanced Administrative Law & Practice Conference, The Canadian Institute, October 18, 2007.
60. “Fostering Pro Bono Service in the Legal Profession: Challenges Facing the Pro Bono Ethic”, Ninth Colloquium on the Legal Profession, Chief Justice of Ontario’s Advisory Committee on Professionalism, October 19, 2007.
61. “Access to Administrative Justice: A Comparative Review”, Administrative Law Conference, Access to Administrative Justice, The Law Society of Upper Canada October 24, 2007.
62. “E-Record Management, E-Discovery, E-Evidence in Human Rights and Other Administrative Law Proceedings”, InSight Information, October 24, 2007.
63. “Pleadings in Mediation, Arbitration and Tribunals”, The Art of Pleading: Mastering the Fine Strokes, Ontario Bar Association, November 30, 2007.
64. “Accommodation of Religious Rights and Customs in Employment”, Police Employment in 2008, Emerging Issues and Legal Developments, Police Association of Ontario, March 4, 2008.
65. “Strategies and Possibilities for the Next Few Decades”, Asper Centre for Constitutional Rights Colloquium on Constitutional Litigation, September 5, 2008.
66. “Human Rights 101”, How to Apply the Human Rights Code in Your Tribunal, Society of Ontario Adjudicators and Regulators Human Rights Workshop, September 16, 2008.
67. “Bill 107: The Dawn of Direct Access to Human Rights Enforcement”, Human Rights Law, OBA 18^th Annual Operation Update, October 3, 2008.
68. Serology Testing, Canadian Dental Regulatory Authorities Federation Conference, Montreal, October 24, 2008.
69. “2008 Administrative Law Update” and Co-Chair, Canadian Institute’s 8^th Annual Advanced Administrative Law & Practice Conference, October 28-29, 2008.
70. “Bill 107: The Dawn of Direct Access to Human Rights Enforcement”, Litigating in the New Ontario Human Rights Regime, Law Society of Upper Canada, 9^th Annual Employment Law Summit, October 30, 2008.
71. “Accommodating Diversity – Stakeholder Perspectives”, COBA Conference, Toronto, ON, November 6, 2008.
72. “Human Rights Reform in Ontario”, Toronto Community Housing Corporation’s 3^rd Annual Lawyers’ Luncheon, November 13, 2008.
73. “Working Effectively with Clients Who Do Not Speak English or French”, Law Society of Upper Canada, December 9, 2008.
74. “Introduction to the HRLSC”, Renewing Our Commitment to Human Rights: Law and Policy Reform in Alberta, Sheldon Chumir Foundation, January 2009.
75. “Charter Applications by Administrative Tribunals”, OBA The Six-Minute Administrative Lawyers 2009, LSUC, February 2009.
76. “The New Ontario Human Rights System:  Some Trends from the Tribunal’s First Year”, OBA Professional Development, 19^th Annual Operation Update, October 2, 2009.
77. “2009 Update: Judicial Review of Professional Discipline Decisions”, Prosecuting and Defending Professional Discipline Cases, Toronto, ON, December 4, 2009.
78. “Tribunal Application of the Human Rights Code: Tranchemontagne and Beyond”, Law Society of Upper Canada, The Six-Minute Administrative Lawyer, Toronto, ON, February 23, 2010.
79. “2011 Update:  Judicial Review of Professional Discipline Decisions”, Osgoode Short Course in Prosecuting and Defending Professional Discipline Cases, Toronto, ON, February 16, 2011.
80. “Three Developments at the Human Rights Tribunal under Bill 107”, The Six-Minute Administrative Lawyer 2011, Toronto, ON, February 23, 2011.
81. “The Importance and Pervasiveness of Administrative Law”, Law Society of Upper Canada, New Lawyer Practice Series, Toronto, May 25, 2011
82. “A Modest Checklist for Beginning Practice before Administrative Tribunals”, OBA, Administrative Law Practice: Back to Basics, Toronto, February 2012.
83. “Duplication and Damages at the HRTO in 2011 – 2012”, Law Society of Upper Canada, Six-Minute Administrative Lawyer, Toronto, February 24, 2012.
84. “Update on Ever Evolving and Expanding Accommodation Obligations”, Insight, Duty to Accommodate: New Laws and Evolving Obligations for Proactively Managing Employees with Accommodation Needs, Toronto, October 29, 2012.
85. “The Troubling Intersection of Equality Rights and Access to Justice”, Osgoode Hall Law School Conference on Pinto Report, January 27, 2013.
86. “Accountability, Transparency and Professional Ethics: Today’s Challenges for the Ontario College of Teachers”, Ontario College of Teachers, June 6, 2013.
87. “Critical Link: Language Access as a Human Rights Issue”, Critical Link International, June 19, 2013.
88. “Accommodation of the Sikh Turban and Articles of Faith in Employment”, Canadian Sikh Association, November 2013.
89. “A Checklist for Access to Administrative Justice Today”, (2014), 27 C.J.A.L.P. 235.
90. “Developing Strategies for Change: Addressing Challenges Faced by Racialized Licensees”, Consultation Paper, The Law Society of Upper Canada, October 30, 2014.
91. “H. v. College of Nurses of Ontario“, WeirFoulds LLP, (with Alan Bromstein and Debbie Tarshis), December 2014
92. Co-author, “Has Reasons Review Risen Again?”, (2015) Regulatory Boards and Administrative Law Litigation, Vol. XII, No. 2.
93. Co-author, “Addressing Conflicting Human Rights: Some Recent Case Law“, 4th Annual Human Rights Summit, The Law Society of Upper Canada, November 30, 2015.
94. Co-author, “Bill C-51 and It’s Administrative Dilemmas”, Osgoode Hall Law School, Osgoode Professional Development, December 1, 2015
95. Co-author, “Addressing Conflicting Human Rights: Some Recent Case Law“, WeirFoulds LLP, November 2015 (with S. Priya Morley)
96. Co-author, “Your Employee is Under My Care: An Employer’s Rights and Responsibilities with respect to Medical Information”, WeirFoulds LLP, April 2016 (with Sarah Yun, S. Priya Morley, and Hayley Peglar)
97. Co-author, “Navigating the Tension Between Public Protection and Human Rights: Registration and Incapacity”, CNAR Conference 2017, October 3, 2017 (with Nuzhat Jafri, S. Priya Morley, and Alex Wilbee)
98. “Reasons Review by the Courts: Rise, Fall and Rise Again?” 2017 SOAR Annual Conference Exploring Justice: An Experiential Journey, Toronto, ON November 2, 2017
99. Co-author, Best Practices for Constitutional Rights Litigation: Appellate Advocacy in Constitutional Rights Litigation, Canadian Bar Association, Toronto, ON November 16, 2017 (Webinar) (with Kartiga Thavaraj)
100. “Addressing Charter Arguments: Jurisdiction and Remedies” and “Charter Rights: Expression, Religion and Equality”, Dealing with Charter Values and Claims – A Tribunal Primer, Council of Canadian Administrative Tribunals, Toronto, ON March 9, 2018
101. “Constitutional Liability Of Regulators: Exploring The Curious Case Of Ernst”, Administrative Law and Practice Osgoode Hall Law School, Osgoode Professional Development, Toronto, ON October 1, 2018 (with Dian Thompson)
102. “Be Careful What You Ask For Or Disclose: Applications for Registration, Public Registers and Protection from Discrimination” CNAR 2018 Conference, Banff, AB October 17, 2018 (with Lise Betteridge and Elinor Larney)
103. “Challenges in Anti-Racism Litigation” RODA 4th Annual Diversity Conference, Toronto, ON November 28, 2018
104. “How do we advance equality in our practices?”, Practice Management for Litigators, Law Society of Ontario, Toronto, April 2, 2019
105. “Are we ready for an aging regulatory professional population?”, CNAR Annual Conference, Quebec, QC, October 29, 2019
106. Co-author, “Ontario government’s reckless overhaul of the Human Rights Tribunal cannot be tolerated”, The Globe and Mail, January, 2021