SHIRISH P. CHOTALIA Q.C. ueen’s Counsel Litigation Lawyer ......Resume of Shirish Chotalia Q.C....

Resume of Shirish Chotalia Q.C. of 16

SHIRISH P. CHOTALIA Q.C. Queen’s Counsel Litigation Lawyer B.A., J.D., LLM.

Barrister, Solicitor & Notary Public Suite 3400 Manulife Place, 10180 -101 Street,

Edmonton, Alberta Telephone: 780-421-0861

Email: [email protected] www.shirishchotalia.com

I Introduction

Litigation Lawyer, 1987 – 2009; 2013 - present

Canadian Human Rights Tribunal Chairperson, 2009 to 2012

Elected Bencher, Law Society of Alberta, 2008 – 2009

Queen’s Counsel, 2008

Special Advocate, Canada, 2008

Member of the Alberta Bar (1987) & Ontario Bar (2010)

LL.M. University of Alberta, 1991

L.L.B. University of Alberta, 1986

B.A. English Major (With Distinction), University of Alberta, 1983

Multilingual (French, Hindi, Marathi, Gujarati)

II Litigation Practice 1987 – Oct 2009; May 2009 - Present

Barrister, Pundit & Chotalia, (LL.P.) Barristers & Solicitors Began career as a criminal lawyer and generalist - developed civil litigation practice with emphasis in immigration, personal injury law, employment / professional discipline / human rights law litigation

Landmark Litigation Cases

Walsh v. Mobil Oil (2008), 296 D.L.R. (4th) 178 (Alta. C.A.): Alberta’s first female “landman” found to be victim of gender discrimination and retaliation by Mobil Oil; also practice issues - solicitor client costs issues

Khiamal v. Canada (Human Rights Commission), 2009 FC 495, Khiamal v.

Greyhound Canada, 2007 CHRT 34 Race & age discrimination and elements of proof


Grant v. Canada A.G (1995) 125 D.L.R. (4th) 556 (F.C.A.) aff'd (1994) 81 F.T.R. 195 (F.C.T.D.)(Reed J.) Sikh RCMP officer found to have a constitutional right to wear turban and government’s decision to accommodate him was required to protect freedom of religion: "The defendants and the intervenors, particularly the able argument of Ms. Chotalia for the Alberta Civil Liberties Association, turn the plaintiffs' argument respecting discrimination on its head. They argue that the Commissioner's decision was designed to prevent discrimination occurring to Khalsa Sikhs. As such they argue that that decision offends none of the provisions of the Charter, indeed that it is required by section 15 of the Charter." para 103

Vriend v. A.G. Alta. [1998] S.C.J. No. 29 (SCC) appealed from [1996] 5 W.W.R. 617 37 Alta. L. R. (3d) 364 (Alta.C.A.) Exclusion of "sexual orientation" in Individual's Rights Protection Act violates s.15 of the Charter and was "read in" (constitutional remedy) to provide access to Human Rights Commission process (counsel for Alberta Civil Liberties Association)

Felipe v M.E.I. [1994] Imm 5296-93 (F.C.T.D.)Judicial review challenging medical inadmissibility provisions being then s. 19(1)(a)(ii) Immigration Act on basis of violation of s. 15 Charter – applicant contracting breast cancer in Canada and being subject to removal; See alsoTuringan v M.E.I. (1993) 72 F.T.R. 316 (F.C.T.D.)(A.C.J. Jerome) Judicial review – judgment establishing the unique nature of foreign domestic worker program; duty of fairness

Kuich v. Commissioner of NWT [1994] N.W.T.J. No. 14 (NWT S.Ct.) (De Weerdt J.) Maintained tortious conspiracy action against the defendant Commissioner even though plaintiff also using the arbitration process (see also J. Vertes decision of July 1995); successful action for conspiracy & defamation re: false allegations of sexual harassment by group of unionized claimants

S.M. Azer v. Canadian Security Intelligence Service (2000) (SIRC) Successfully challenged CSIS’ allegations that client was a “terrorist"; SIRC (Review Committee) ruled that CSIS's information was outdated, its brief was of "an extremely poor quality"; "full of conjecture"; "shows bias"; and that "there is no evidence whatsoever to indicate that the Complainant has ever been anything other than a peaceful law abiding individual. The service has been remarkably imprecise in its assessment of exactly what kind of activity the Complainant has in fact been carrying out." See also Azer v. Minister of Citizenship & Immigration (Sept. 2000) Application for mandamus compelling Minister to land client; violation of section 7 Charter Rights

R. v. Thompson [1989] A.J. No. 192 (Q.B.) Judgment that s. 643.1 of Criminal Code held to violate s. 7 & 11(d) of Charter - use of videotape evidence in sexual offences R. v. Thompson, 1989 ABCA 234; see also R. v. Thompson, 1989 ABCA 234


Current Complex Litigation Includes:

Patel v. Patel (2015) (Alta Q.C.): head-on collision; fatal accident; significant personal injury

BGC v. Pepillo (2015) Action no 1513 00287 (Alta. Q.B.): breach of duty of loyalty and good faith, defamation, conspiracy, et. Al.

Professional Disciplinary Defence Litigation

V. v Professional Institute of Immigration Consultants (2014 – present)

Institute of Chartered Accountants of Alberta v. R LH (2013 & 2014) successfully defended against allegations of misrepresentation and reduction of sanction regarding less than 50% of hearing costs

L. v. Alberta College of Medical Laboratory Technologists (February 8, 2006) Disciplinary hearing further to Alberta Health Professions Act; professional standards of laboratory technicians

Dr. D. v. Alberta Dental Association (June 2001) Disciplinary hearing concerning codes of conduct of dentists

Background as Panel Member, Law Society of Alberta, Committee Hearings Some include: Law Society of Alberta v. Davies, 2008 LSA 17 (CanLII), Law Society of Alberta v. Holder, 2008 LSA 17 (CanLII); Law Society of Alberta v. Belzil, 2009 LSA 27 (CanLII)

Immigration/Terrorism/ Judicial Reviews / Administrative Appeals Duty of Fairness & Error of Law Fernandez v. MCI (2016) IMM-1452-16 and IMM-1451-16 (FCTD) Judicial review – Overseas visa office denied permanent resident status for two infant daughters based on evidentiary errors and breach of duty of fairness; JR successful and decision to be re-made by Crown consent BGC V. Minister of Employment and Social Development (2016) IMM-450-16 and IMM-451-16 – leave granted scheduled for hearing September 12, 2016; judicial review of refusal to grant positive labour market opinion (LMO) to business; duty of fairness; no opportunity to respond; JR successful and decision to be re-made by Crown consent


Mekonan v. MCI (2015) IMM T-1166-15 (FCTD) - Citizenship denial – duty of fairness – process issues – decision set aside by consent Sharab v. MCI (2015) IMM T-1333-15 (FCTD) – Citizenship revocation challenge – duty of fairness – process issues – decision set aside by consent Jamba v. MCI (2015) IMM-4430-15 (FCTD) Judicial review – restoration of status and visitor visa application by student approved by province – decision set aside - successfully settled with Crown Sardar v. MCI (Dec 2015) IMM-2190-15 (FCTD) Successful judicial review – visa officer decision to deny family stream application approved by province set aside and returned to different visa officer for reconsideration Rossi v. MCI (2015) IMM 816-15 (FCTD) Judicial review – Sydney office denied provincial nominee application; decision set aside by Crown consent Jassal v. MCI (Nov 2015) IMM-7093-13 (FCTD) Successful judicial review by Crown consent – visa officer decision to deny dependant permanent resident visa set aside and returned to different visa officer for reconsideration Karwal v. MCI (2014) IMM-6756-14 (FCTD) Judicial review – Overseas visa office denied visitor visa; duty of fairness; JR successful and decision to be re-made by Crown consent Randhawa v. MCI (2014) IMM 8460-14 (FCTD) Judicial review – allegations of foreign attempted murder charges and criminal inadmissibility of spouse; complex issues of mens rea and burden of proof and foreign criminal process; successful redetermination by Crown consent

Al Jarrah v. MCI (2008) Imm 911-08 had visa officer decision set aside by consent re: lack of procedural fairness Kurani v. MCI (Oct 16, 2007) T-2249-06 (FCTD) Successful judicial review – breach of procedural fairness re: denial of legal counsel; new hearing and successfully obtained citizenship. George v. MCI (2007) Imm 2429-07 Obtained stay pending judicial review; successful judicial review of refusal to grant inland h&c application to Sierra Leone senior citizen couple who were entitled to parental sponsorship by Cdn daughter; lengthy processing times and reasoning of officer at issue Chen v. A.G. (2004) (Action No: Judicial Review 0503 20829)(appeal by AG to CA) Challenge to Crown prosecutor’s decision not to consent to hate crime prosecution on basis of Charter rights


Immigration Detention Reviews (some include) MCI v Al Halabi (Nov 4, 2014)(ID) Successful argument to obtain release of client in complex factual case on terms and conditions. Preservation of Appeals Rights Bautista v. M.C.I. (January 16, 2006) IMM-2866–05 (F. C. T.D.) (FCA) Judicial review of inadmissibility of permanent resident on basis of criminality; issue of whether s.196 IRPA transitions provisions nullify appeal to Board thus prohibiting consideration of humanitarian and compassionate factors Extensive Litigation Securing Rights for Foreign - Disenfranchised Women McCoy v. MCI (2007) Imm 4228-07 judicial review of overseas visa officer decision: refusal of overseas h&c application in 117(9)(d) case; Crown consenting as reasons not adequate; received costs award against Crown of $1000.00; Thai woman seeking re-unification with long lost daughter; obtained h&c application thereafter Tourangeau v. Mikisew Council et.al. (2007) Aboriginal woman - sexual harassment & sexual abuse by Band Council; human rights complaint; hearing and settlement Demchenko v. Alberta Pension Administration (2003) Successfully obtained pension settlement for Ukrainian widow of deceased Canadian citizen Galeta v. M.C.I. [2002] Imm 2775-02 (F.C.T.D.) Judicial review of officer’s discretion refusing landing to Ukrainian widow/ 9 yr common law relationship with deceased Canadian / Canadian child. McBryan v. A.G. (Aug 11, 1997)(Q.B.)(9703-13147) Successful judicial review of denial of social assistance benefits & subsequent appeal hearing before Edmonton Social Allowance Appeal Panel (Sept 26, 1997) & subsequent hearing before Panel Sept 26, 1997 & Oct 3, 1997 Bernardez v M.C.I (1995) 101 F.T.R. 203 (F.C.T.D.) (A.C.J. Jerome) Judicial review granted re: exclusion order based upon unauthorized employment - duty of fairness - nanny in a powerless position vis a vis employer; compliance with employer’s directions to be viewed contextually; see also (1994) 27 Imm. L.R. (2d) 149 (F.C.T.D.) (A.C.J. Jerome) (interlocutory relief granted - stays - employer control over domestic worker) and stays in Encila v. M.C.I. [1996] F.C.J. No. 995 (F.C.T.D.) (Gibson J.) application for interim stay and work permit; Caletena v. Canada (1994) 74 F.T.R. 78 - interim stay and work authorization granted - unique nature of foreign domestic worker program confirmed Turingan v. Minister of Employment and Immigration (1993), 72 F.T.R. 316 (T.D.) para


25 Judicial review. The Associate Chief Justice Jerome ruled the purpose of the Live-in Caregiver Program [which on April 27, 1992 replaced the Foreign Domestic Program] is to facilitate the attainment of permanent resident status for foreign domestic workers and therefore, it is incumbent on the Immigration Department to adopt a flexible and constructive approach in its dealings with the Program's participants. Failure to do so undermines the purpose of the Program. (quoted in Lim v. Canada (Minister of Citizenship and Immigration), 2005 FC 657 Counter - Terrorism / War Crimes Dr. E. (2004 - 2009) Defending allegations that client has committed war crimes in South Africa against blacks during apartheid regime Appeals Extensive successful appeals – Spousal sponsorship; adoptions; residency, criminal inadmissibility, successful; SS v. MCI (October 14, 2016)(IAD) – successful conduct of convention refugee claim by Cambodian lawyer representing political dissidents; Bhullar v. MCI (August 10, 2016)(IAD) – successful conduct of appeal in complex case involving criminality/inadmissibility and humanitarian compassionate factors and best interests of the child A. v MCI (June 14, 2016)(IAD) (partial hearing re convention refugee status on the basis of sexual exploitation of daughters in Ghana and FGM practices) Gomez-Nova v. MCI (January 15, 2015)(IAD) VB3-02437 – spousal sponsorship appeal – criminality; successful Jarrar v. MCI (June 21, 2016)(IRB) VB4-01428 – residency appeal; successful Wowo (May 25/2005)(IRB) MA4-04417 Convention Refugee hearing - Congo; hearing conducted in French language Human Rights / Employment / Discrimination Gilmar v. Alexis Nakota Sioux Nation Board of Education, 2009 CHRT 34 pregnancy discrimination; quantum - last CHRT decision of solicitor client costs award Brah v. Subway Franchise Systems (2002 - 2006) (Alta H.R.Com.) (Ongoing) Discrimination re: turban; public services


Martyn v. Province of Alberta, City of Edmonton et al. (Investigation Report: Sept. 2000) (Alta Human Rights Comm.) Systemic discrimination complaints against the provincial & municipal governments with respect to lack of accessible taxi service for disabled Albertans Due Process for Respondent & Civil or Other Actions for Human Rights Redress M.S.G v. Alta (Complaint to Office of the Alberta Ombudsman) (2002-2005) Sought to ensure administrative fairness for persons accused of sexual harassment; secured policy changes to Alberta government sexual harassment policies involving disclosure of complainant statements K. v. Thappar [1998] Allegations of breach of fiduciary duty by a physician upon a patient & housekeeper’s sexual abuse; see [1999] A.J. No. 28 (Alta. Q.B. Labour Joseph v. AUPE, 2004 ABQB 977 - Unions - Duty of fair representation of members Other Notable Civil Litigation Friends of Athabasca v. PHAAB & Al Pac [1996] 4 W.W.R. 604, 181 A.R. 81 (Alta. C.A.) appeal from [1994] 6 W.W. R. 267 (Q.B.) Waste management approval - public interest standing for environmental groups Learning Disabilities Association v. Edmonton Public School Board (1994) 120 D.L.R. (4th) 407 (C.A.) "Kindergarten case" - judicial review under School Act of a school board decision allocating school funds towards ECS (early childhood education) Counsel for the Timms family in a Public Inquiry further to the Fatality Inquiries Act In the Matter of Vincent Timms (Dec 1990) (Judge Fradsham) - air traffic accident near Crossfield - dual pilot death - Cantel tower lacking strobe lights - tower not located on aviation map Starlight v. Onespot (Nov 2, 1998) (Alta. C.A.) Criteria for grant of Ex parte order silencing defendant in defamation cases; allegations of financial mismanagement and corruption on Tsuu T’ina Band forwarded to Minister of Indian Affairs; leaked to public; breach of federal privacy legislation; public accountability for taxpayer funds Further Constitutional Challenges Canadian Civil Liberties Association & Alberta Federation of Labour v. City of Calgary (June 5, 2002) (Action no. 0201-10690) (Alta. Q.B.) Challenge to city by-law prohibiting public assembly in a park without permit as violating freedom of peaceful assembly,


association & expression; interim injunction III Law Faculty Instructor University of Alberta, Faculty of Law (1995 - 2001; 2006 - 2009)

Terrorism & The Law (Law 599) – Aspects of terrorism; national security; civil liberties; immigration removals; criminal and other sanctions, prepared 2006 for teaching 2007 & ongoing terms.

Immigration Law (2006) (team teaching with Peter Carver)

Designed and taught Human Rights Law in Canada, Law 559 (1996 - 2001) Equality & discrimination law; domestic human rights statutes (Federal & Provincial); history; elements of proof; mock tribunal hearings; occasional lecturer (2001 - 2009)

Charter and Labour Relations at Athabasca University (1992 - 1994)

IV Chairperson, Canadian Human Rights Tribunal Nov 2009 - Nov 2012 ( received Unanimous All Party Endorsement from the House of Commons Justice Committee)

Implemented Access to Justice through customized hearing procedures focused on restorative justice - parties reported 94 percent satisfaction:

Positive Response from Canadians during National Consultations Re: Restorative Justice Model (Jan 2011 - present)

Stakeholder Consultation (Legal, Academic and Judicial) Ottawa, Vancouver, Calgary, Edmonton, Toronto, Montréal (Accès à la justice, sponsorisé par le Barreau du Québec), Moncton, Fredericton, Halifax, Winnipeg Discrete First Nation Consultations Musqueam First Nation - Vancouver; Shubenacadie First Nation - Nova Scotia; Sampson First Nation - Edmonton; Fort MacKay First Nation - Fort McMurray; Akwesasne Mohawk Territory - Cornwall; Tsuu T’ina First Nation - Calgary; St. Mary’s First Nation - Fredericton; Millbrook First Nation - Truro-Halifax; Dene First Nation - Yellowknife; Peguis First Nation - Manitoba

Speaking Engagements

2012 Feb. 14 & 15

“Introduction to the Decision Writing Process”, Principal Lecturer, Federated Press Conference - Ottawa, Ontario http://www.federatedpress.com/pdf/EC/6DW1202-E.pdf

Feb. 28 & 29 How to Run a Fair Hearing - Tips and Good Practices, Canadian


Institute – Tribunal Training Course http://www.econtext.ca/2012/TribunalTraining/agenda 2011 Nov. 24 Distinguished Lecturer Series, Law Faculty of the Univ. of Manitoba Dec. 9 Panelist: re: The Judicial and Administrative Tribunal Mediation

Experience in Ontario, OBA Conference Centre (20 Toronto Street, Suite 200, Toronto, ON)

Nov. 8 “Managing Change To Ensure Justice for Canadians", London, Ontario –

Canadian Club Oct 26 Advanced Administrative Law & Practice, Canadian Institute, Ottawa

Oct. 24 “Access to Justice for all Canadians – Advocacy, Litigation, Adjudication”,

Cathedral Arts – Ottawa, Ontario Oct. 22 “The Future of Human Rights Advocacy: The Journey of One Practitioner

– From Advocacy to Adjudication”, Canadian Civil Liberties Association, RightsWatch National Conference – Calgary, Alberta

Oct. 12 “Access to Justice for Canadians – Mediation as a means to Restorative

Justice & The Duty to Consult”, Association for Conflict Resolution – San Diego, California

Sept. 19 « Accès à la justice fondée sur la justice restauratrice : Initiatives au

Tribunal canadien des droits de la personne », Université de Moncton – Moncton, Nouveau-Brunswick

Sept. 22 “Human Rights in Context of Access to Justice and Practice of Law: From

the Perspective of an Administrative Tribunal”, Dalhousie Law Hour, Schulich School of Law – University of Dalhousie, Halifax, Nova Scotia

June 10 “Advancing Equity - The Focus on Gender”, PBD Canada 2011, Indo-

Canada Chamber of Commerce – Toronto, Ontario June 10 "Annual Update on Human Rights: Keeping on Top of Key Developments”,

Ontario Bar Association – Toronto, Ontario (webcast) June 2 « Redéfinissons Ensemble L’accessibilité : La médiation obligatoire pour

améliorer à l’accès à la justice ? », Panéliste à la table ronde sur l’accès à la justice avec Me Gilles Ouimet, bâtonnier du Québec, Congrès annuel du Barreau – Gatineau, Québec

May 2011 Advanced Training on Charter and Constitutional Law and Litigation

conference - Co-Chair with The Hon. Mr. J. Blais (FCA); “Access to Justice and the Charter: A "Dialogue" between Administrative Tribunals,


Courts and Parliament”, Canadian Institute – Ottawa, Ontario March 11 “Human Rights in Context of Access to Justice and Practice of Law”,

Public Interest Day (PID), Osgoode Hall Law School – Toronto, Ontario 2010 Oct. 22 “Access to Justice Initiatives: From the Perspective of an Administrative

Tribunal”, Canadian Bar Association Administrative Law Section North – Edmonton, Alberta

Mediation Timely & Fair Adjudication Supported by Judicial Mediation

Identified the barriers of Access to Justice at CHRT as being the Need for parties to be “heard” without expending extensive monies on legal costs Anticipated the implications of Sept 2009 Canada (Attorney General) v. Mowat, 2009 FCA 309 RCMP (affirmed by SCC Oct 2011) decision holding that CHRT has no jurisdiction to award legal costs to successful complainants

Eg of a CHRT Mediation with Systemic Remedies Publicized: Brown v. National Capital Commission, a facility accessibility case - following the Court of Appeal remittance order CHRT in 2011 Member Garfield helped parties to achieve a systemic remedy: the public settlement provided that the respondent would create an advisory committee on universal accessibility on which the complainant would serve as Vice-chair. The committee would make recommendations directly to the CEO of the respondent and the minutes from its meetings would also be made public.

Assisted parties to consider innovative remedies as part of a settlement such as those made in CHRT cases: e.g. in Hughes v. Elections Canada (2010) CHRT (Garfield) made a number of future practices orders as part of the remedies. CHRT required the respondent to formulate a consultation plan to involve persons with disabilities and disability groups in matters touched on by its order (e.g., the choice of polling locations, standards of accessibility, signage and training of personnel) inter alia.

Conducted First National Consultations across Canada with members of the judiciary, legal academics, and tribunal Chairpersons – studied various administrative and court processes and borrowed from JDR in Alberta and mediation model from Quebec etc.

Intensive Pre-Hearing Case Management to Narrow Issues & Evidence for Hearings


Addressed lengthy hearings: e.g. FCA & FC criticised CHRT equal pay case Canada Post (Public Service Alliance of Canada v. Canada Post Corporation, 2010 FCA 56: a 1992 referral – CHRT decision in 2005 (more than 2.5 years after the hearing): “a legal hearing without discipline and timelines both delays and denies justice.” (FCA—February 22, 2010; SCC Public Service Alliance of Canada v. Canada Post Corp., 2011 SCC 57)

Innovation – Process Mediation

Using mediation to narrow issues & evidence in hearings involving complex legal, factual issues, multiple parties, systemic issues: see Enhanced Complaint Resolution Process (First National Consultations with Canadians & First Nations Communities)

Invigorating vision of the Clerk of the Privy Council: Innovation for incremental as well as larger-scale improvements in effectiveness and efficiency… to find new ways to deliver better services to Canadians (17th vision for the Public Service of Canada)

To ensure access in light of the repeal of s. 67 of the CHRA rendering all sections of Indian Act subject to CHRA review – anticipation of a significant increase of complex and novel complaints of national importance

Arbitration – Experience

Adjudication of Complex, high profile or precedent setting decisions

Concise & Focussed Hearings & Concise Expeditious Reasons

“Under 25 Model” for decisions – under 25 page decisions when possible making factual findings (no recitation of evidence) - concise recitation of law and application of law to facts; concise remedies Breast v. Whitefish Lake First Nation, 2010 CHRT 10 (Roopnarine v. Bank of Montreal, 2010 CHRT 5) Roopnarine v. Bank of Montreal, 2010 CHRT 5 (Roopnarine v. Bank of Montreal, 2010 CHRT 5) & Roopnarine v. Bank of Montreal, 2010 CHRT 5 http://www.canlii.org/eliisa/highlight.do?text=Roopnarine+v.+Bank+of+Montreal%2C+2010+CHRT+5+&language=en&searchTitle=Canada+%28Federal%29+-+Canadian+Human+Rights+Tribunal&path=/en/ca/chrt/doc/2010/2010chrt5/2010chrt5.html

Decision Summaries with Table of Contents as a Guide

Adjudicator, Canadian Human Rights Tribunal (Jan 1999 to January 2005; p/t)


Adjudicated Federal Human Rights complaints pursuant to the Canadian Human Rights Act

Canada (Canadian Armed Forces) v. Irvine, 2005 FCA 432. Discrimination on the basis of physical disability upheld (rv’d in part for re-determination 2003 FCT 660); 2004 CHRT 9 (re-determination) & upheld by Federal Court of Appeal at 2005 FCA 432 Procedural fairness necessitating fair assessment of all of the available medical evidence in case of medical fitness requirements

Nijjar v. C.H.R.C. [1999] (CHRT) Discrimination / religion / airline industry / safety defence to religious discrimination upheld & complaint dismissed

Tweten v. RTL Robinson Enterprises Ltd. 2005 CHRT 8 Discrimination / disability / compliant dismissed

Howell v. CAF 2004 CHRT 31 Discrimination in CAF / disability / dismissed

Warman v. Kyberg 2003 CHRT 18 - Hate communication /issues of injunction & remedy / complaint sustained

V Alberta Human Rights Commissioner (Dec 1989 - Dec 1993) (part-time) VI Books & Papers

The Annotated Canadian Human Rights Act 1994, Carswell Thompson Professional Publishing Scarborough Ontario (updated and annotated text for the years 1996, 1997, 1998, 1999 & 2000

Human Rights Law in Canada, 1996, Carswell Thompson Professional Publishing, Scarborough Ontario (updated to 2000)

Published numerous articles

VII Awards & Recognition

Female Professional of the Year: 2010: Canada India Foundation (Toronto)

Recognition of Merit: 2010: BAPS Temple Toronto

Council of India Societies of Edmonton – Special Recognition Award for service to the community - 2009 & 2002 for Earthquake Relief in Gujarat – 2002

Indo-Canadian Chamber of Commerce Award-Recognition for Community Contribution, 2000

“Woman of the Year” 1996; to honour a woman of outstanding merit and recognize her contributions to the well being of working women - Business & Professional Women's Club & Edmonton Sun Newspaper


Sikh Society of Calgary - Human Rights Recognition Award, 1994

International Homemaker's Association of Alberta Appreciation Award "for outstanding & dedicated service" 1993-1994

Red Cross Appreciation Award, 1992

Top Academic Achievement, 1987 - 1989 VIII Professional Membership - Service

Speaker at major conferences including International Bar Association, New Delhi, 1997 Vancouver, 1998 Canadian Bar Association /Commonwealth Bar Conference - Opening Plenary with Kim Campbell & Mr. Justice Richard Goldstone, 1996, & submitted paper in 2000 Amsterdam conference; Sheldon Chumir Human Rights Conference, 2007; 2016 American Bar Association, Hong Kong, Labour & Employment Law; National CBA, Immigration 2016 – Revocation of Citizenship Panel; CBA, Immigration Subsection – Feb 2016 – Costs Issues in Judicial Review; Administrative law: May 6, 2014 in Calgary: Conducting a Fair Hearing

Member, Association des Juristes d’Expression Français de l’Alberta, 1992-2009 ; current

Vice-Chair, Committee 19, Human Rights & prior Committee 11, Discrimination and Gender Equality, International Bar Association, 1997 - 2002

Northern Director - Alberta Civil Liberties Association, 1994 - 1998

Member of C.B.A. National Advisory Committee to the Standing Gender on Equality Committee, 1997 to 1998

Bertha Wilson's Gender Task Force, Canadian Bar Association, 1992 to 1994

Canadian Bar Association Member 1995 - Present.

Criminal Trial Lawyers Assoc., Member, 1989 - 1994.

The Edmonton Inter-Agency Youth Services Association, 1991 - 1993

Edmonton Ragamala Music Society, President, 2005 - 2005

Indo-Canadian Women's Association, Member, 1986 - 1998; 2005-2009; Changing Together, Centre for Immigrant Women, Member, 1986 - 1998

CKER Radio (Multicultural Programming), Audio Technician, 1980 - 1984

Universiad, World University Games, Media & Opening Ceremonies, 1983;Commonwealth Games, Opening Ceremonies & Volunteer, 1978

Hindu Society of Alberta, Member, longstanding; Alberta Gujarati Association, Member, 1985 - 2009; Marathi Bhashik Cultural Society, Member, 1985 – 2009

IX Appendix Outlining Books, Articles And Papers


Books 1. The Annotated Canadian Human Rights Act 1994, Carswell Thompson

Professional Publishing Scarborough Ontario (updated and annotated text for the years 1996, 1997, 1998, 1999 & 2000

2. Human Rights Law in Canada, 1996, Carswell Thompson Professional Publishing, Scarborough Ontario (updated to 2000)

3. Human Rights Law, Cases and Materials, 1996, Faculty of Law, University of Alberta, Alberta 1997, 1998, 1999, 2000, 2001

Articles and Papers 1. "Unconstitutionality of Video-Tape Evidence" Criminal Trial Lawyers Association

Newsletter 1988 2. "Computers and the Law" (1988) Softwarehouse Prologue 11 3. "PDPA: A New Model for Personal Data Protection" LL.M. Thesis, University of

Alberta, 1991 4. "Sexual Harassment in the Workplace - Law and Practice - Book Review" Journal

of Individual Employment Rights Vol 1 4 (1992) 5. "Reporting Sexual Harassment" Dignity (1992) Vol 3 No.7 2. 6. "Human Rights Legislation - Does the Administrative Structure Enhance the

Objectives of the Legislation?"Canadian Journal of Administrative Law and Practice (1993) Vol 7 No. 1 67; Paper presented to the Canadian Bar Association - Administrative Law Section - September 1992;

7. "The Supreme Court and Mandatory Retirement - Sanctioning the Status Quo" (1993) Constitutional Forum Vol 4 No. 3 (spring) 67 Edmonton, Alberta [published by the Centre for Constitutional Studies, University of Alberta]

8. "The Canada Clause and the Charter" Oct. 1992 As presented at Forum sponsored by Centre for Constitutional Studies, Faculty of Law, University of Alberta, edited version published as "The Canada Clause That Was: How Courts Use Interpretative Clauses" (1993) Constitutional Forum Vol 4 No. 2 (winter) 38 Edmonton, Alberta

9. "Articling Interviews - Do You Have Human Rights Concerns?" (1993) 23 No. 3 (Feb.) Canons of Construction 8, Faculty of Law, University of Alberta

10. "Sexual Harassment Laws in Canada - It is all a Question of Power" (1994-95) J. I. E. R. Vol 3 (2) 155

11. "Human Rights - What is the Alberta Human Rights Commission All About?" (1993) Vol 17 No. 10 July/August Law Now

12. "Privacy Issues and Bill 1 - Access to Information and Protection of Privacy Act" Written Submissions And Paper To All Party Committee on the same, 1993; Paper Provided to Freedom of Information and Privacy Association of Alberta

13. "Alberta Human Rights Commission Abdicates Its Mandate" Edmonton Journal, May 17, 1994, A-9

14. "Immigrant Women and the Law - Double the Difficulty" (1994) Law Now Vol 19 No. 1 August/September

15. "The Vriend Decision - A case study in Constitutional Remedies in the Human Rights Context" Alberta Law Review September 1994 Vol 32 Issue 4


16. "Are Academic Freedom and Free Speech Defences to a Poisoned Educational Environment? What Can Ross Tell Us about Sexual Harassment?" Presented in Dallas Texas to the Academy of Legal Studies in Business August 1994 and published in the Alberta Law Review (1995) June Vol 33 Issue 3 at 573

17. "Law, Justice, Truth and Reconciliation - One Lawyer's Perspective" Commonwealth Bar Conference - Canadian Bar Association - presented in the Opening Plenary August 26, 1996.

18. "Servants, Slaves or Women? How Does the World Treat Domestic Workers? Does a Rich Nation Like Canada Treat Them Better?" - presented to the International Bar Association Conference, New Delhi, India, November 7, 1997.

19. "Effectively Managing Workplace Privacy: Employer & Employee Concerns "October 1998 Infonex Business Information Connection Conference Calgary, Alberta

20. "Sexual Harassment Laws Creep Into the New Millennium - What's New Pussycat? Liability, Damages, Civil Actions" June 1999 paper (e.&o.) Labour Arbitration Conference, University of Calgary

21. “Access to Justice and the Appointment Process in the Canadian Judicial System” Prepared for the Conference of the International Bar Association, Sept 20, 2000 “Women on the Bench” Amsterdam

22. “How the Live-in Caregivers Program can Benefit Foreign Caregivers as Well” Inside Immigration Canadian Bar Association Newsletter (Feb 2001) p. 2

23. “Who Can Move to Canada? An Overview of the New Immigration Law” (2003) Vol 28 No. 3 Dec/Jan 2004 Law Now p. 9

24. “Sexual Harassment Laws In Canada” International Journal of Discrimination & the Law, 2005, Vol 7, pp 199-227 (Great Britain)

25. “Arbitration Using Sharia Law in Canada: A Constitutional and Human Rights Perspective” Constitutional Forum, 2006, Vol 15, No. 2, p 63, Faculty of Law, University of Alberta; presented in preliminary form as “Religious Arbitration & Religious Freedom” to Center for Constitutional Studies Forum, Faculty of Law, November 1, 2005

26. Worked on Cases and Materials re: Terrorism and the Law for publication from 2006-2009

Papers 1. Access to Justice for All Canadians with a View to Restorative Justice – Can the

Dream Be Realized? Recent CHRT Initiatives to Facilitate the Same, October 2011

2. Adjudicative Independence Issues facing the CHRT, 2011

3. Access to Justice and the Charter: A "Dialogue" between Administrative Tribunals

and the Superior Courts, 2010- 2011

4. How to Write an Adjudicative Decision – Models From the CHRA 2011

X Community & Humanitarian Service

A significant portion legal work performed on a pro bono basis and / or reduced


basis over the last 20 years to assist under-privileged clients

Canada India Foundation – Western Convenor: canadaindiafoundation.org 2007

Canadian Bar Association, Immigration Section, Northern Alberta: Chair: Current; 2000 - 2002: Vice-Chair, 1998 – 2000, 2006 – 2009; executive member from 2000

Supported Fair implementation of Bicycle Helmet Law in Alberta / exemption for Sikh youth - 2002; Calgary Sikh Gurudwara

Fundraising for Ethiopia Famine - Oxfam Canada, 2000

Bangladesh Relief Effort - Benefit Concert 1991- Brought together diverse South Asian community (Hindu, Sikh, Christian, Ismaili) for common cause

Anchorwoman - Biweekly production - Community Programming, Shaw Cable, 1980 -1987

Indo-Canadian Women's Association, Member, 1986 - 1998; 2005 - 2009; Changing Together, Centre for Immigrant Women, Member, 1986 - 1998

SHIRISH P. CHOTALIA Q.C. ueen’s Counsel Litigation Lawyer ......Resume of Shirish Chotalia Q.C....

Documents

Transcript of SHIRISH P. CHOTALIA Q.C. ueen’s Counsel Litigation Lawyer ......Resume of Shirish Chotalia Q.C....