Frances Kelly

Lawyer

Frances_Kelly_small.jpg

Human Rights Clinic - HRC

Contact Information:

604-673-3123

fkelly@clasbc.net

 

Frances' Legal Administrative Assistant:

Julie Craig

604-673-3133

jcraig@clasbc.net 

 

Biography

Frances Kelly is a staff lawyer with the BC Human Rights Clinic and Community Law Program.  Frances has argued a number of test cases which have advanced the rights of disadvantaged groups, before tribunals and all levels of court including the Supreme Court of Canada.  She was counsel for the appellant in the 1999 decision B.C. (Superintendent of Motor Vehicles) v. B.C. (Council of Human Rights ) Superintendent of Motor Vehicles (“Grismer”) and counsel for the family in the landmark 2012 Supreme Court of Canada decision of Moore v. British Columbia, which confirmed that students with disabilities have equal rights to education.

Frances has received a number of awards for her legal and community work, including the Renate Shearer award for a significant contribution to human rights (2007), the BC Learning Disabilities Association's Power to Achieve Award for advocating for equal educational opportunities for students with learning disabilities (2009), and the Canadian Bar Association Community Service Award (2014).

Frances is past co-chair of the BC Human Rights subsection of the Canadian Bar Association.   She is currently a director with Continuing Legal Education of British Columbia, and also a director of the Vancouver Humane Society.

Frances is a regular speaker on equality and disability issues at Continuing Legal Education and other conferences. 

Sample cases:

Supreme Court of Canada

 Leave Applications:

  • Board of School Trustees of School District No.44 v. Jubran, [2005] S.C.C.A. No. 260
  • Zutter v. BC (Council of Human Rights), [1995] S.C.C.A. No 243
  • BC v. Bolster and B.C. Human rights Tribunal,  [2007] S.C.C.A. No. 167 

 British Columbia Court of Appeal:  

 British Columbia Supreme Court

 Federal Court of Appeal

  • Law v. Canada (Minister of Employment and Immigration), [1996] F.C.J. No. 511
  • Canada (Attorney General) v. Faltemeier, [1995] F.C.J. No. 1264

Federal Court

British Columbia Human Rights Tribunal

  • McCreath v. Victoria International Running Society et al
  • Lillico v. College of Physicians and Surgeons of British Columbia , [2004] B.C.H.R.T.D. No. 308
  • Hutchinson v. BC (Ministry of Health), [2004] B.C.H.R.T.D. No. 113
  • Hussey v. BC (Ministry of Public Safety and Solicitor General), [2003] B.C.H.R.T.D. No. 73
  • Hutchinson v. BC (Ministry of Health), [2001] B.C.H.R.T.D. No. 30
  • Miele v. Famous Players Inc., [2000] B.C.H.R.T.D. No. 6
  • Miele v. Famous Players Inc., [1997] B.C.H.R.T.D. No. 18
  • Cotterall v. Vancouver Police Board, [1994] B.C.C.H.R.D. No. 19