Articles 2021

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.

In Morasse v Nadeau Dubois, the majority of a divided Supreme Court of Canada upheld the Quebec Court of Appeal’s acquittal of the respondent, Gabriel Nadeau-Dubois. Nadeau-Dubois, the spokesperson for the prominent Quebec student group CLASSE, had been found guilty of contempt of court under article 50 of the Code of Civil Procedure for comments he made during a live television interview at the height of Quebec’s 2012 “maple spring” protests.

The Human Rights Tribunal of Ontario recently issued a significant decision with respect to family status discrimination. In Misetich v Value Village Stores Inc., the Tribunal indicated its intention to depart from the test for family status discrimination outlined in Canada (Attorney General) v Johnstone and Canadian National Railway v Seeley.

Welcome back! The Constitutional, Civil Liberties and Human Rights section executive has already been hard at work on a number of initiatives for the upcoming year.

On June 15, the Ontario Bar Association hosted a panel discussion on the legal issues surrounding medical aid in dying (MAID) in Canada. Differing views made for an engaging dialogue as the panellists examined Parliament’s attempts to enact new legislation following the Supreme Court’s decision in Carter v Canada (Carter).

Ranjan Agarwal, Chair of the 2015-2016 Constitutional, Civil Liberties and Human Rights Section's Executive Committee, reflects on a busy year of programs, member engagement, and advocacy, as well as looking forward to upcoming changes for the 2016-2017 year.

On January 15, 2016, the SCC issued a supplementary ruling to its decision in Carter v. Canada, which struck down provisions in the Criminal Code relating to physician-assisted death. The Court granted the government an additional four months (until June 6, 2016) to draft compliant legislation. Until then, individuals have been permitted to apply to the courts for an order authorizing a physician-assisted death. This article provides a review of those applications.

Ashley Schuitema sits down with Renu Madhane, the recently appointed Chief Commissioner of the Ontario Human Rights Commission, to discuss the current focus of the Commission and its upcoming goals.

The Supreme Court of Canada recently granted leave to appeal the decision of the Alberta Court of Appeal in Stewart v. Elk Valley Coal Corporation, 2015 ABCA 225, which addressed the thorny issue of revealing drug dependency to an employer, after termination, for causing a workplace accident.

The Supreme Court of Canada will hear the appeal of Gillian Frank and Jamie Duong, two Canadians residing in the United States who had been prohibited from voting, pursuant to the Canada Elections Act, because they have lived outside of Canada for more than five years.