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Constitutional Civil Liberties and Human Rights Law

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Resources, Articles, & Advocacy

Advocacy | November 25, 2025

Your OBA LegUp Policy and Legislative Update Week of November 17

Province Targets Child Support from Impaired Drivers: Building on recent measures passed in the Safer Roads and Communities Act, 2024, the Ford government is developing new measures that would require impaired drivers to pay ongoing child support if they kill a child's parent or guardian. Attorney General Doug Downey explained in a statement that, "our government is looking at practical solutions that can ease their [surviving children's] burden in the wake of such tragedies and provide financial stability for children who are left behind."

Advocacy | November 14, 2025

Your OBA LegUp Policy and Legislative Update Week of November 10

Ontario Fall Economic Statement: The Ontario government tabled their Fall Economic Statement on Thursday providing updates on their plan to "Protect Ontario". The projected deficit is down by $1.1 billion compared to the projections in the 2025 budget, while the unemployment rate is expected to rise by 1%, to 7.8%. The government still plans to balance the books by 2027-28.

Legislative Update | November 07, 2025

Your OBA LegUp Policy and Legislative Update Week of November 3

Ontario Fall Economic Statement: The Ontario government tabled their Fall Economic Statement on Thursday providing updates on their plan to "Protect Ontario". The projected deficit is down by $1.1 billion compared to the projections in the 2025 budget, while the unemployment rate is expected to rise by 1%, to 7.8%. The government still plans to balance the books by 2027-28.

Advocacy | October 28, 2025

Your OBA LegUp Policy and Legislative Update Week of October 20

Ford v Trump: President Trump announced plans to halt trade negotiations with Canada over Premier Ford’s anti-tariff ad campaign in the U.S. Earlier this month, Ontario launched a $75 million ad campaign in the U.S. using former President Reagan’s own words discussing the negative impacts of tariffs.

Article | October 24, 2025

Over-Policing of Minorities & Charter Values: How the Charter Value of Equality Should Shape the Standard of Care

The question at the heart of this article is whether the appropriate standard of care in negligence related to the maintenance and use of police databases by law enforcement and other related agencies should be interpreted in light of the Charter value of equality. In the authors’ view, the standard of care in negligence cases against law enforcement has been a relatively low bar and has been informed by law enforcement policies. The authors take the position this is true of cases involving police databases as well. Recently, the Supreme Court of Canada and the Ontario Court of Appeal have recognized that the over-policing of minorities violates the equality guarantees in s. 15 of the Charter. In the authors’ view, the data stored in police databases reflects the reality of this discriminatory over-policing. Put differently, the authors take the position that over-policing results in the over-representation of racial minorities in police databases. Given the underlying constitutional violations associated with over-policing, it is the authors’ position that cases involving the negligent maintenance or use of such databases engage the Charter value of equality. Charter rights are conceptually distinct from Charter values, but Charter values nevertheless underpin each Charter right and give it meaning. Charter values can apply even where a Charter right is not engaged. Tort law has long been developed in light of Charter values. In the authors’ view, the tort of negligence should be similarly developed. Specifically, when formulating and applying the standard of care in relation to the maintenance and use of police databases, courts should appropriately scrutinize existing policies and procedures, including any discriminatory impact of seemingly neutral policies.