Articles 2019

On May 29, 2019, the Administrative Law, Constitutional, Civil Liberties & Human Rights and Labour & Employment Law sections joined together for The Annual Update on Human Rights. The first presentation developed into a heated debate regarding changes within the newly reformed Human Rights Tribunal of Ontario (HRTO). The panelists were Linda Lamoureux, executive chair of Tribunals Ontario, and Jonathan Batty, Human Rights Tribunal.

In the fall of 2018, the Ontario Legislature tabled two bills proposing significant amendments to the Ontario Human Rights Code. If enacted, Bill 35 and Bill 40 would introduce new non-discrimination obligations for provincially regulated employers.

In Canadian Centre for Bio-Ethical Reform v South Coast British Columbia Transportation Authority, the British Columbia Court of Appeal unanimously allowed an appeal brought by the Canadian Centre for Bio-Ethical Reform, and ordered the South Coast British Columbia Transportation Authority to reconsider its 2015 decision to disallow the pro-life / anti-abortion group to purchase advertising space on public buses.

On April 4, 2018, the OBA Constitutional, Civil Liberties and Human Rights Section with the OBA Education Law Section hosted a panel to discuss key Charter and human rights developments in education law.

In March, the Supreme Court of Canada heard an appeal of the Ontario Court of Appeal’s decision in Frank v Canada. This article argues that the Ontario Court of Appeal’s decision is inconsistent with the Supreme Court’s holding in Figueroa v Canada.

When it comes to sexual harassment and assault in the workplace, the discussion often centres around seeking accountability against the perpetrator through criminal and civil processes. However, in the more recent years, the Human Rights Tribunal of Ontario has become an increasingly effective forum for victims to be heard and have their experiences validated and appropriately compensated.

A recent decision by the Supreme Court of Canada sheds new light on how to consider employers’ duty to accommodate when dealing with an injured worker. In Quebec (Commission des normes, de l’équité, de la santé et de la sécurité du travail) v. Caron, 2018 SCC 3, the Court unanimously decided that “the duty to reasonably accommodate disabled employees is a fundamental tenet of Canadian and, more particularly, Quebec labour law. ”

As a human rights lawyer and a woman living with a disability, I am troubled by some reactions to the resignation of Kent Hehr, the federal Minister of Sport and Persons with Disabilities, on January 25th amidst allegations of sexual misconduct (since downgraded to "inappropriate comments").

The recently released National Housing Strategy, A Place to Call Home, puts housing policy, especially for those in core housing need, squarely in the national conversation.

The past few years have seen significant developments in the field of genetic testing, which has led to exciting possibilities for identifying, understanding, preventing, and treating illnesses. At the same time, advances in the understanding of genetics can also result in the discriminatory treatment of individuals.