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Constitutional Civil Liberties and Human Rights Law

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Resources, Articles, & Advocacy

Advocacy | May 29, 2026

Your OBA LegUp Policy and Legislative Update Week of May 25

Civil Rules Review Update: Attorney General Downey and Former Chief Justice Morawetz released a statement on the changes intended to be advanced in 2026.

Article | May 25, 2026

The Scope of the Police's Power of Arrest – R. v. Wilson, 2025 SCC 32

The scope of the police’s power of arrest is an important issue to all people as it entails a violation of people’s individual liberty and autonomy. Thus, the extent of this power and purposes the police can exercise this power for must be carefully circumscribed. In R v. Wilson, the Supreme Court of Canada addressed the extent of the police’s power to arrest in determining whether a statutory immunity from being charged or convicted for the offence of possession of a controlled substance in specific circumstances included immunity from being arrested for that offence.

Article | May 25, 2026

Intersectionality in Section 15 Discrimination Claims: Takeaways from Québec (AG) v Kanyinda

People are more than the sum of their parts and unfortunately, so is the discrimination they face. This observation was put forward by the scholar and advocate Kimberlé Crenshaw in a study addressing the discrimination faced by Black women in America and showing how it differs from merely a sum of sexism (also experienced by white women) and racism (also experienced by white men). It has led to the development of the concept of “intersectionality,” a framework in which the different types of discriminations faced by an individual or group are understood as “overlapping and mutually constitutive rather that isolated and distinct.” How, if at all, does this concept play a role when considering issues of equality and discrimination under the Charter in Canada? After all, to establish whether discrimination exists, the framework set by section 15(1) relies on individual, siloed grounds—be they enumerated (race, national or ethnic origin, colour, religion, sex, age or mental or physical disability) or analogous (non-citizenship, marital status, sexual orientation, Aboriginality-residence, and non-resident status in a self-governing Indigenous community ) grounds. This was one of the central questions tackled by the Supreme Court of Canada in Québec (AG) v Kanyinda, 2026 SCC 7.

Legislative Update | May 25, 2026

Your OBA LegUp Policy and Legislative Update Week of May 18

Island Airport Cost: The Toronto Port Authority has said that the proposed Billy Bishop airport expansion would cost up to $5 billion dollars to complete. Ontario is proposed to take over Toronto’s role in the tripartite agreement that governs the land and has stated that the Federal government supports the expansion.

Human Rights Tribunal of Ontario | May 25, 2026

HRTO: Consultation for Updates to Human Rights Tribunal of Ontario Rules of Procedure

Following the first phase of Rule updates launched in 2025, the Human Rights Tribunal (HRTO) is proposing further updates to its Rules of Procedure to simplify processes and ease user experience.

Legislative Update | May 15, 2026

Your OBA LegUp Policy and Legislative Update Week of May 11

Ontario Courts Virtual Training Sessions:  The Ontario Courts Digital Transformation Team is offering ongoing virtual training opportunities for members of the legal community on the Ontario Courts Public Portal (OCPP), beginning May 19, 2026, and running through September 2026.

Media Release | May 11, 2026

Ontario Justice Centres Honoured with OBA President’s Award for Transforming Access to Justice

Ontario Bar Association President, Katy Commisso, is recognizing Ontario’s Justice Centres with the association’s annual OBA President’s Award.

Legislative Update | May 08, 2026

Your OBA LegUp Policy and Legislative Update Week of May 4