Articles

The following articles are published by OBA Sections, including the Student Section. Members are encouraged to submit articles.

Editor: Cláudio Antônio Klaus Júnior 

Today
Today

Robust Public Debate Needed on Use of Notwithstanding Clause

  • November 18, 2022
  • Robert Leckey. Originally published on Policy Options

The author explains why, in his view, Canada is overdue for a robust public debate about the circumstances in which using the notwithstanding clause is legitimate.

Constitutional, Civil Liberties and Human Rights Law, Student Forum
photo of Aidan Johnson

Steeped in Social Justice from a Young Age, Aidan Johnson Continues to Find Inspiration Working in Ontario’s Community Legal Clinic System

  • November 18, 2022
  • Kirsti Mathers McHenry

In 2018, as a newly minted executive director, Aidan Johnson’s first task was to facilitate the merger of two established legal clinics into one, larger, entity that would respond to the legal needs of poverty-affected Ontarians in the Niagara region. Johnson didn’t know it at the time, but the formal merger would happen only one year before COVID-19 – and the onset of a whole new set of challenges, tied to the pandemic.

Sexual Orientation and Gender Identity Law, Student Forum
photo of author Julie DeWolf

Julie DeWolf: an Unsung Legal Hero

  • November 18, 2022
  • Tamara J. Sylvester (one/they/them)

It is often said that “the wolf does not walk alone; she always carries her pack.” Indeed, one is left to wonder whether Julie DeWolf, the SOGIC Executive’s outgoing Chair, derives her unwavering commitment to service to the legal and broader community as well as her democratic and affiliative leadership style from her surname!

Women Lawyers Forum, Sexual Orientation and Gender Identity Law, Student Forum
Equality rainbow flag in foreground with apartment building behind and person hanging out window waving their own flag

Condos Could Give Queers the Boot! A discussion of the Single-Family Rule’s discriminatory impact on the 2SLGBTQ+ Community

  • November 18, 2022
  • Kirsti Mathers McHenry (she/her) and Tamara J. Sylvester (one/they/them)

In this article, the authors discuss the discriminatory impact of the Single Family Rule on the grounds of sexual orientation, the HRTO’s unsettled jurisdiction over the issue, and the broader implications for the 2SLGBTQ+ community.

Sexual Orientation and Gender Identity Law, Student Forum

The Impact of Language on Trans Inclusion and Access to Justice

  • November 18, 2022
  • Alexandra McVittie, Articling Student, Alcohol and Gaming Commission of Ontario

This article provides an overview of the "Trans Inclusion and Access to Justice" Workshop led by Lee Nevens (DOJ) during the Association of Law Officers of the Crown's ("ALOC") 2022 Educational Conference.

Public Sector Lawyers, Student Forum
photo of author Stuart Rudner

How to Win at Mediating Employment Law Claims

  • November 17, 2022
  • Stuart Rudner

I often write and speak about winning at mediation (it’s not an oxymoron), and as a mediator, I remain convinced that most counsel can do a much better job with their advocacy at mediation (also not an oxymoron). One of my mantras has become “help me to help you”; since I will be your advocate in the other room, make it as easy as possible for me to understand and explain your case in a compelling manner when I am speaking with the other side. That is how you win at mediation.

Labour and Employment Law, Student Forum

Welcome from the Chair and Vice-Chair

  • November 16, 2022
  • Afsana Gibson-Chowdhury and Matthew Gordon

The ADR Section Executive is back for another great year of CPD, networking events, mentorship events, and arguing for increased use of ADR processes in the legal field.

Alternative Dispute Resolution, Student Forum

Strong Mayors: Shifting the Municipal Governance Model

  • November 15, 2022
  • John Mascarin and Jennifer Bilas, articling student, Aird & Berlis

A comparison of the "strong mayor" system to the "weak mayor" system, providing an overview of the changes introduced by the Strong Mayors, Building Homes Act, 2022. Topics discussed include how the system will apply in Toronto and Ottawa, potential application to other municipalities, strong mayor powers such as budget, hiring and veto powers, council override powers, immunity, and delegation. The authors also consider whether or not this system can deliver on the Province's intended goals.

Municipal Law, Student Forum