Articles 2023

Section 33.1 of the Criminal Code states a person is guilty of a violent offence, even if they were so intoxicated that they did not know what they were doing, so long as that intoxication was self-induced. This month, the Ontario Court of Appeal declared the provision of no force or effect, declaring s. 33.1 unconstitutional for violating sections 7 and 11(d) of the Charter. This note summarizes this important decision.

On April 22, 2020 as part of the OBA’s Priority PD program the Constitutional, Civil Liberties and Human Rights law section joined with the Elder Law section to address key issues related to emergency measures for older adults, people with disabilities, and the lawyers who represent them. This article provides an overview of that program.

Can a corporation challenge a mandatory minimum fine on the basis that it infringes s. 12 of the Canadian Charter of Rights and Freedoms? This is the question the Supreme Court of Canada will address in Attorney General of Quebec, et al. v. 9147-0732 Québec Inc., which was argued before the Supreme Court in January 2020 and is currently under reserve.

On November 25, 2019, the CCLHR section and the Young Lawyers’ section held a joint program on appearing before federal administrative tribunals on human rights, employment, and labour issues. The panel featured two adjudicators and two lawyers, who offered information and advice on issues such as the correct forum for litigating disputes, the speed of dispute resolution before the various tribunals, and practice tips for counsel. This article summarizes the program.

A summary of the Charter Conference on October 3, 2019.

A short piece about LAO funding cuts, noting that budgetary policy may be being implemented in a discriminatory way.

A review of a recent HRTO decision, in which an applicant's forum choice resulted in her inability to proceed at both the Tribunal and in court. The decision underscores the importance of understanding the interplay between civil and administrative proceedings, and demonstrates the need to carefully evaluate the powers of administrative tribunals to limit or dismiss proceedings when developing a litigation strategy.

Recently, the Court of Appeal for Ontario was asked to determine the constitutionality of mid-election changes to the City of Toronto's municipal ward structure (City of Toronto v Ontario (AG), 2019 ONCA 732, rev'g 2018 ONSC 5151). While the election that sparked the litigation has long passed, the Court of Appeal's decision nonetheless offers insight on constitutional issues of fundamental and continuing importance.

Tahir Khorasanee, section editor and associate at Wakelin & Associates, expresses in poetry what inspires him and so many others to battle injustice and oppression. Human rights and civil liberties are essential to the functioning of a democratic society. Without these, there is no democracy and there is no justice.