Articles 2020

Note on Elmardy v. Toronto Police Services Board - a recent decision by Ontario's Divisional Court, which awarded $50,000 for Charter breaches against the TPSB and a police officer in its employ.

In August, 2016, the Prime Minister appointed an independent advisory board to review applications and propose candidates for a vacancy on the Supreme Court of Canada. The committee presented a list of qualified candidates to the Prime Minister, resulting in the appointment of Mr. Justice Malcome Rowe of Newfoundland to the Court in October 2016. The Independent Advisory Board reported to Parliament and publicly released a report of its process in November, 2016.

The principle of non-discrimination is now well established in Canadian human rights law. Each of the federal, provincial, and territorial governments prohibit discrimination in the provision of goods, facilities, services, and accommodation, or some combination thereof. While this principle is rightly considered to be within the domain of human rights law, a non-discrimination principle also exists in a very different context: transportation law.

On Friday, February 10, 2017, the Constitutional, Civil Liberties and Human Rights Law Section (“CCLHR”) hosted a program on human rights law in the provision of services. The program was chaired by Fiona Campbell, an Associate at Goldblatt Partners (Ottawa), Nicola Simmons, a Partner at Keel Cottrelle LLP, and Jessica Young, Senior Legal Counsel at eHealth Ontario. The following are some highlights of the program.

The Ontario Human Rights Commission recently released a policy position on medical documentation and disability related accommodation. While not binding on employers, housing providers, and service providers, Commission policies provide insight into the Commission’s position, which accommodation providers can consider in developing and implementing their own human rights policies and in addressing any human rights disputes, which may arise.

On February 7, 2017, the Federal Liberal government officially confirmed its commitment to reinstate the Court Challenges Program. The Program, cancelled in 2006 within weeks of the election of Stephen Harper’s first minority government, provided funding to individuals and groups seeking to enforce constitutional minority language rights and equality rights.

In 2008, awards for general damages for injury to dignity, feelings and self-respect became fully uncapped in Ontario. At the time, many human rights lawyers speculated that these changes could lead to a significant increase in awards by the Human Rights Tribunal of Ontario. Recent case law both in Ontario and elsewhere in the country has caused some to wonder whether general damages awards might be trending upwards.

Overview and Commentary of the Berge decision, in which the Ontario Divisional Court refused to accept an audiologist's argument that a statutory restriction on her use of the title "Doctor" infringed her rights under s. 2(b) of the Charter.

Over past months, the appellate courts of Ontario, Nova Scotia, and British Columbia have weighed in on their respective provincial law societies’ decisions to deny approval or accreditation to graduates of the proposed law school at Trinity Western University on the basis of its requirement that students sign a Community Covenant that forbids sexual intimacy, except between married heterosexual couples.

The intersection between Employment and Human Rights law has dynamically evolved to respond to the new challenge of gender-based discrimination arising from workplace dress codes.