Articles 2023

"[Unconscious bias] comes up in my day-to-day. For example, people assume that I am more mellow, more docile, under-spoken, or not very assertive, all because I am an Asian woman. So when I’m handling files where the lawyer on the other side is known for being abrasive or unreasonable, senior lawyers sometimes assume that I’m unable to stand my ground. And when I act as assertive as any other lawyer, I get called aggressive."

"Anti-Indigenous bias is pervasive and particularly in Northern Ontario. For example, I remember being at the OCJ in Kapuskasing as an out of town Crown. I was standing at the podium and there was an accused being belligerent and badgering the registrar. I interrupted and told him to sit down and wait for his matter to be called on the list. As he walked away, he said, 'You send them to law school for free and they come back all uppity.'”

The Federation of Asian Canadian Lawyers (British Columbia) Society (FACL BC) is a diverse coalition of Asian Canadian legal professionals working to promote equity, justice, and opportunity for Asian Canadian legal professionals and the wider community. FACL BC has a long history of advocating for racialized lawyers and law students, and speaking out against unconscious bias. If you are interested in learning more about the subject, consider listening or watching the resources listed below.

Following are this week’s summaries of the Court of Appeal for Ontario for the week of May 1, 2023.

The Government of Ontario recently proposed significant changes for the education sector in Bill 98, the Better Schools and Student Outcomes Act, 2023. This article reviews some of the most significant proposed amendments to the Education Act and other statutes.

While federal bills generally do not impact the operations of provincially regulated school boards, Bill C-27 will require a higher degree of protection for the personal information of minors. This article outlines some of the considerations for school boards if this Bill becomes law.

A recent decision of the Ontario Divisional Court found that it was unconstitutional for a Catholic school board to require that its student trustees be Catholic.

Following are our summaries of the civil decisions of the Ontario Court of Appeal for the week of April 24, 2023.