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Proposed Amendment: Strengthening Accountability and Student Supports Act, 2024
Shannon Sproule | May 09, 2024
Bill 166, also called the Strengthening Accountability and Student Supports Act, 2024, proposes to amend the Ministry of Training, Colleges and Universities Act to require every Ontario college and university to have a student mental health policy setting out what services, programs, policies and supports are available for student mental health, as well as policies and rules to address and combat racism and hate, including antisemitism, anti-Black racism, anti-Indigenous racism and Islamophobia.
Learn moreOn March 13, 2024, the Ontario Divisional Court released its long-awaited decision in London District Catholic School Board v. Weilgosh, 2023 ONSC 3857 (“Weilgosh”). The decision confirms that the Human Rights Tribunal of Ontario (the “Tribunal”) and labour arbitrators share concurrent jurisdiction over human rights complaints arising from a provincially regulated collective agreement.
Learn moreBeing a Disability Ally in the Legal Profession Starts with Breaking your Silence
Lorin MacDonald | February 07, 2024
The International Day of Persons with Disabilities serves as a potent reminder of disability inclusion every year, but workplace inclusion for people with disabilities remains as bleak as ever. Lorin MacDonald provides ten tips for disability allies to advance the agenda of workplace inclusion and accessibility.
Learn moreThe OHRC’s Policy Position on Caste-Based Discrimination: A Law Student’s Perspective
Samantha Peters | February 07, 2024
Samantha Peters interviews Nikisha Thapar, a third-year law student at Western University Faculty of Law, about the OHRC's decision to recognize Caste-Based Discrimination.
Learn moreOpinion: Faith-based Health Care Offers Vital Access to Medical Assistance in Living
Brian Bird and Derek Ross | August 25, 2023
Whether to participate in MAID is a profound and complex ethical question—a question on which the B.C. Supreme Court recognized that “thoughtful and well-motivated people can and have come to different conclusions.” In a country that cherishes diversity and dignity for all, we must support diverse communities of care and, in turn, better options and outcomes for all patients - many of whom seek, and deserve better access to, medical assistance in living.
Learn moreOntario Superior Court Dismisses Climate-Related Charter Application
Kimberly Potter, partner, Fasken; Anastasia Reklitis, associate, Fasken | June 16, 2023
The Ontario Superior Court of Justice recently released Mathur v. Ontario, a landmark climate litigation decision. The seven applicants (between the ages of 15 and 27), sought declarations of constitutional invalidity related to Ontario’s legislated greenhouse gas emissions reduction target. The court expressed sympathy for the applicants’ environmental concerns but concluded that based on “the current state of the law” it could not find Charter violations in the circumstances before it.
Learn moreExpanding Medical Assistance in Dying Will Have Devastating Effects on Canadians with Disabilities
Lorin MacDonald | March 10, 2023
There is a proliferation of news reports of people with disabilities considering medical assistance in dying (MAiD). As a human rights lawyer, a disability advocate, and a woman born with a disability, I find these trends troubling. I believe MAiD is the outcome of Hobson’s choice, which refers to the illusion that multiple options are available. In a “take it or leave it” scenario, “leaving it” is no longer tenable for many Canadians with disabilities, given today’s climate.
Learn moreRobust Public Debate Needed on Use of Notwithstanding Clause
Robert Leckey. Originally published on Policy Options | November 18, 2022
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.
Learn moreIs Canada Closer to Enacting Modern Slavery Legislation? A Brief Update.
Nicky Kim and Giovanna Di Sauro | March 31, 2022
Discussing the recent and forthcoming measures on modern slavery in Canada, including: the impact of the Canadian-United States-Mexico Agreement (“CUSMA”); Prime Minister Justin Trudeau’s mandate letter to Canada’s Minister of Labour; and the development and status of Canada’s modern slavery legislation.
Learn more20th Annual Charter Conference in Review
Salman Rana | November 18, 2021
The 20th Annual Charter of Rights and Freedoms Conference hosted by the Constitutional Civil Liberties and Human Rights (“CCLHR”) Section of the Ontario Bar Association (“OBA”) took place on October 5, 2021 via webcast. This article summarizes the Conference’s Year in Review presentation, the four panel discussions, and the Keynote Address.
Learn moreThe Constitutionality of Third-Party Political Advertising Restrictions in Ontario
Melanie Zetusian | November 03, 2021
In the context of third-party political advertising restrictions, Melanie Zetusian provides an in-depth analysis of the ONSC decision in Working Families Ontario v. Ontario, where the Applicants challenged the constitutionality of the amendments made by the Ontario legislature via the Protecting Ontario Elections Act, 2021.
Learn moreA Big Idea at Election Time To Safeguard the Canadian Charter of Rights and Freedoms
Professor Errol Mendes | September 22, 2021
In the context of Canada's snap Federal Election, this opinion piece by Professor Mendes proposes democratic constraints on the use of the notwithstanding provisions in Section 33 of the Canadian Charter of Rights and Freedom.
Learn moreWelcome Message from the Chair
J. Andrew Sprague | September 22, 2021
A Welcome Message from Andrew Sprague, the chair of the Constitutional, Civil Liberties and Human Rights (CCLHR) Law Section of the OBA. An insightful message which details his passion for the CCLHR, the goals of the CCLHR Executive Team and a detailed account of upcoming events and initiatives in the 2021-2022 season.
Learn moreMelanie Zetusian | June 05, 2021
The recent Order, which imposed a hotel quarantine requirement for travellers returning to Canada by air, has been tested in two recent decisions. The Superior Court of Justice and Federal Court of Canada each considered the constitutionality of the new measures to prevent the spread of Covid-19: Canadian Constitution Foundation v Canada (AG) (“CCF”), and Spencer v Canada (AG) (“Spencer”). Injunctive relief was refused in both decisions. This note summarizes and compares CCF and Spencer.
Learn moreEvictions During the Pandemic in Toronto
Despite evictions moratoria and the earlier suspension of LTB proceedings, observers have noted a sharp rise of homelessness and the proliferation of encampments in parks since the pandemic began. This article outlines some of the changes and issues that Bill 184 has had on the eviction process at the LTB, and in particular, the effect it has had on racialized and marginalized communities in the City of Toronto.
Learn moreTeagan Markin and Brianne Taylor | April 03, 2021
In its December 23, 2020 decision in Hudson’s Bay Company ULC v. Ontario (Attorney General), the Ontario Divisional Court dismissed Hudson’s Bay Company’s bid to ease retail lockdowns in regions of Ontario hardest hit by the COVID-19 pandemic. This decision signals a lingering post-Vavilov doubt about how closely courts will examine the legality of regulations, and also illustrates the courts’ deferential approach to government restrictions on civil liberties during the pandemic.
Learn moreGiovanna Di Sauro | March 02, 2021
In Kovintharajah v. Paragon Linen and Laundry Services Inc., 2021 HRTO 98, Vice-Chair Bruce Best held that an employer violated the Human Rights Code (the “Code”) by revoking an existing family status accommodation that allowed an employee to leave work before the normal end of the shift in order to meet their child care responsibilities.
Learn moreInterview with Vavilov lawyer, Hadayt Nazami
Saba Ahmad | February 18, 2021
One year ago, lawyer Hadayt Nazami won a landmark ruling from the Supreme Court in Vavilov v. Canada. In a candid interview, Nazami provides insights about the years-long saga behind his victory, securing his client's right to Canadian citizenship.
Learn moreCOVID-19: The Vaccine & “Return-to-work” Policies
Taran Hoogsteen | February 02, 2021
If no provincial vaccine mandate is implemented, individual employers will have to take it upon themselves to determine how to introduce employees back into their workplaces in light of legal and social responses to the pandemic. These policies promise to be complex, requiring a fine balancing of the rights of each stakeholder. This article will discuss some of the considerations for employers when creating these “return-to-work” policies.
Learn moreHRTO Sexual Harassment Case Note: NK v. Botuik
Rayaz Khan | February 02, 2021
Summary of a decision awarding $170 thousand to an applicant in a coercive sexual relationship and assaulted by her supervisor. The employer settled. The award was against the individual respondent, who did not participate in the proceedings.
Learn moreSCC Says Corporations Cannot Suffer Cruel and Unusual Punishment
Deina Warren, LL.B., LL.M. | January 18, 2021
Can corporations suffer cruel and unusual punishment? In Quebec (Attorney General) v 9147-0732 Québec Inc, the Supreme Court of Canada assessed this notion and determined that corporations cannot benefit from the protection of section 12 of the Charter.
Learn moreCase Comment: C.P. v Her Majesty the Queen
Farhana Hossain | January 13, 2021
Young offenders need equal, if not more, protection than adults. Section 37(10) of the Youth Criminal Justice Act (YCJA) hinders access to justice for youth. This provision of the YCJA was recently analyzed by the Supreme Court of Canada in C.P. v Her Majesty the Queen.
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