Articles

About Articles The below articles are published by the Constitutional, Civil Liberties and Human Rights Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Teagan Markin

Today
Today

Human Rights Application Substantially Similar to Civil Action Seeking Damages for Alleged Workplace Harassment Dismissed on Jurisdictional Grounds

  • November 29, 2019
  • Giovanna Di Sauro

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.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

How to Successfully Mediate Human Rights Disputes

  • October 23, 2019
  • Natai Shelsen

This article explores the desirability of mediation in human rights cases, the appropriate process and the crucial role of the mediator (including non-HRTO complaints).

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Welcome from the Chair and Vice Chair of the Constitutional, Civil Liberties and Human Rights Law Section

  • October 23, 2019
  • Morgana Kellythorne, The College of Physicians and Surgeons of Ontario, and chair, OBA Constitutional, Civil Liberties and Human Rights Law; Nicola Simmons, Keel Cottrelle LLP, and vice-chair, OBA Constitutional Civil Liberties and Human Rights Law

Welcome back! The Constitutional, Civil Liberties and Human Rights Section Executive has already been hard at work on a number of initiatives for this year. We welcome our new executive members and look forward to an engaging year of outreach and programming.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Freedom of Expression in Municipal Elections: Toronto (City) v Ontario (Attorney General)

  • October 23, 2019
  • Joshua Foster and ​Ranjan K. Agarwal

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.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Finally, the World Stands Up!

  • September 24, 2019
  • Tahir Khorasanee

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.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

'The Blitz': Will Applicants Pay the Price for the HRTO’s New Expediency?

  • July 11, 2019
  • Nicole Biros-Bolton

On May 29, 2019, the Administrative Law; Constitutional, Civil Liberties & Human Rights Law; 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.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Ontario Legislature Tables Two New Human Rights Bills

  • May 09, 2019
  • Giovanna Di Sauro

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.

Constitutional, Civil Liberties and Human Rights Law, Student Forum