About Articles The below articles are published by the Constitutional, Civil Liberties and Human Rights Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Saba Ahmad, Richa Sandill


Supreme Court to Tackle Employee Drug Dependency and Denial

  • April 22, 2016
  • Jessica J. Young

The Supreme Court of Canada recently granted leave to appeal the decision of the Alberta Court of Appeal in Stewart v. Elk Valley Coal Corporation, 2015 ABCA 225, which addressed the thorny issue of revealing drug dependency to an employer, after termination, for causing a workplace accident.

Constitutional, Civil Liberties and Human Rights Law

Non-Resident Voting Restrictions to be Considered by the Supreme Court of Canada

  • April 21, 2016
  • Sebastian Spano

The Supreme Court of Canada will hear the appeal of Gillian Frank and Jamie Duong, two Canadians residing in the United States who had been prohibited from voting, pursuant to the Canada Elections Act, because they have lived outside of Canada for more than five years.

Constitutional, Civil Liberties and Human Rights Law

Shelter from the Storm: The Charter Right to Shelter in Public Spaces

  • March 28, 2016
  • Rory Gillis

This case note identifies five significant implications of the recent decision in City of Abbotsford v. Shantz, in which the British Columbia Supreme Court found a Charter right to erect overnight shelters in public parks in Abbotsford, B.C.

Constitutional, Civil Liberties and Human Rights Law

Police Carding, Homelessness, and the Rights of Youth to Public Space: A Report from an Insightful OBA Institute Program

  • February 23, 2016
  • Sasha Hart

“Carding” or “street checks” refers to the police practice of stopping individuals on the street and entering their personal information into a database. The OBA’s CCLHR and the Child & Youth Law Sections held a joint program as part of Institute 2016. “Constitutional and Human Rights of Young People: Policing & Public Space” explored the experiences and rights implications of racialized and homeless youth who navigate public space under increased police surveillance.

Carter & Assisted Suicide: Where We Stand One Year Later

  • February 23, 2016
  • Safia J. Lakhani

The landmark Carter v. Canada decision that struck down the constitutionality of Criminal Code provisions prohibiting physician-assisted suicide recently marked its one year anniversary. This article, as an update to a previous version on Rabble, takes a look at the legislative consultations and developments this case has spawned in the year since the ruling, as well as the challenge for the government in balancing the competing interests surrounding this issue.

Constitutional, Civil Liberties and Human Rights Law

A Status Update on Family Status

  • January 19, 2016
  • Fiona Campbell and Macduy Ngo

In the close to two years since the release of Johnstone v. Attorney General of Canada (2014 FCA 110), there have now been a number of decisions, which have further clarified issues such as the scope of family status, the legal test for establishing prima facie discrimination on the basis of family status, and the evidentiary burden of potential claimants. This article surveys a few notable decisions which should be considered by human rights practitioners and interested observers.

Constitutional, Civil Liberties and Human Rights Law

Reasonableness Review in a Non-Adjudicative Context: Trinity Western University v The Law Society of Upper Canada

  • December 18, 2015
  • Andrea Gonsalves and Justin Safayen

Case comment on Trinity Western University v The Law Society of Upper Canada, 2015 ONSC 4250 (Div Ct), a recent decision about the LSUC's decision to reject TWU's application for accreditation. The Court considered the reasonableness of the LSUC's decision and TWU's argument that the decision infringed on its s. 2(a) Charter rights.