Articles 2021

Aujourdʼhui
Aujourdʼhui

The Supreme Court of Canada Nomination Process - Q&A with CBA Nominee to the Advisory Board, Susan Ursel

  • 26 avril 2017
  • Karen Ensslen

In August, 2016, the Prime Minister appointed an independent advisory board to review applications and propose candidates for a vacancy on the Supreme Court of Canada. The committee presented a list of qualified candidates to the Prime Minister, resulting in the appointment of Mr. Justice Malcome Rowe of Newfoundland to the Court in October 2016. The Independent Advisory Board reported to Parliament and publicly released a report of its process in November, 2016.

Droit constitutionnel, libertés civiles et droits de la personne

The Road to Equality: Non-Discrimination Principles in Human Rights Law and Transportation Law

  • 24 avril 2017
  • Rory Gillis

The principle of non-discrimination is now well established in Canadian human rights law. Each of the federal, provincial, and territorial governments prohibit discrimination in the provision of goods, facilities, services, and accommodation, or some combination thereof. While this principle is rightly considered to be within the domain of human rights law, a non-discrimination principle also exists in a very different context: transportation law.

Droit constitutionnel, libertés civiles et droits de la personne

OBA Institute 2017: CCLHR’s Program Summary

  • 19 avril 2017
  • Renata Antoniuk and Daniel Hastie

On Friday, February 10, 2017, the Constitutional, Civil Liberties and Human Rights Law Section (“CCLHR”) hosted a program on human rights law in the provision of services. The program was chaired by Fiona Campbell, an Associate at Goldblatt Partners (Ottawa), Nicola Simmons, a Partner at Keel Cottrelle LLP, and Jessica Young, Senior Legal Counsel at eHealth Ontario. The following are some highlights of the program.

Droit constitutionnel, libertés civiles et droits de la personne

Policy Statement by the Ontario Human Rights Commission: Clarifying the Scope of Requests for Medical Documentation during the Accommodation Process

  • 19 avril 2017
  • Karina Pylypczuk

The Ontario Human Rights Commission recently released a policy position on medical documentation and disability related accommodation. While not binding on employers, housing providers, and service providers, Commission policies provide insight into the Commission’s position, which accommodation providers can consider in developing and implementing their own human rights policies and in addressing any human rights disputes, which may arise.

Droit constitutionnel, libertés civiles et droits de la personne

Funding Charter Litigation: Lawyers reflect on the revival of a cancelled program

  • 20 mars 2017
  • Kiran Kang

On February 7, 2017, the Federal Liberal government officially confirmed its commitment to reinstate the Court Challenges Program. The Program, cancelled in 2006 within weeks of the election of Stephen Harper’s first minority government, provided funding to individuals and groups seeking to enforce constitutional minority language rights and equality rights.

Droit constitutionnel, libertés civiles et droits de la personne

Update on Human Rights Damages: Is there really an upward trend?

  • 02 février 2017
  • Fiona Campbell and Erin Moores

In 2008, awards for general damages for injury to dignity, feelings and self-respect became fully uncapped in Ontario. At the time, many human rights lawyers speculated that these changes could lead to a significant increase in awards by the Human Rights Tribunal of Ontario. Recent case law both in Ontario and elsewhere in the country has caused some to wonder whether general damages awards might be trending upwards.

Droit constitutionnel, libertés civiles et droits de la personne

Restrictions on Use of “Doctor” Title do Not Violate s 2(b) of the Charter: Berge v College of Audiologists and Speech-Language Pathologists of Ontario, 2016 ONSC 7034 (Div Ct)

  • 17 janvier 2017
  • Andrea Gonsalves and Justin Safayeni

Overview and Commentary of the Berge decision, in which the Ontario Divisional Court refused to accept an audiologist's argument that a statutory restriction on her use of the title "Doctor" infringed her rights under s. 2(b) of the Charter.

Droit constitutionnel, libertés civiles et droits de la personne

Trinity Western University’s Procedural Lessons for Regulators Considering Charter Values

  • 05 janvier 2017
  • Morgana Kellythorne

Over past months, the appellate courts of Ontario, Nova Scotia, and British Columbia have weighed in on their respective provincial law societies’ decisions to deny approval or accreditation to graduates of the proposed law school at Trinity Western University on the basis of its requirement that students sign a Community Covenant that forbids sexual intimacy, except between married heterosexual couples.

Droit constitutionnel, libertés civiles et droits de la personne

Ending Sexualized Dress Codes in the Workplace

  • 06 décembre 2016
  • Richa Sandill

The intersection between Employment and Human Rights law has dynamically evolved to respond to the new challenge of gender-based discrimination arising from workplace dress codes.

Droit constitutionnel, libertés civiles et droits de la personne

Case Comment: Morasse v Nadeau-Dubois, 2016 SCC 44, Does Contemptuous Expression Deserve Charter Protection?

  • 22 novembre 2016
  • John Wilson & Guy Régimbald

In Morasse v Nadeau Dubois, the majority of a divided Supreme Court of Canada upheld the Quebec Court of Appeal’s acquittal of the respondent, Gabriel Nadeau-Dubois. Nadeau-Dubois, the spokesperson for the prominent Quebec student group CLASSE, had been found guilty of contempt of court under article 50 of the Code of Civil Procedure for comments he made during a live television interview at the height of Quebec’s 2012 “maple spring” protests.

Droit constitutionnel, libertés civiles et droits de la personne