Articles

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

Editors: Saba Ahmad and Samia Hussein

Today
Today

Irrational but not Irrelevant: Deference to Pandemic Regulations in Hudson’s Bay Company ULC v. Ontario (Attorney General)

  • April 03, 2021
  • Teagan Markin and Brianne Taylor

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.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Unilaterally Revoking Existing Accommodations is Risky Business: Case Comment on an HRTO Family Status Decision

  • March 02, 2021
  • Giovanna Di Sauro

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.

Constitutional, Civil Liberties and Human Rights Law, Student Forum
Interview with Vavilov lawyer, Hadayt Nazami

Interview with Vavilov lawyer, Hadayt Nazami

  • February 18, 2021
  • Saba Ahmad

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.

Administrative Law, Constitutional, Civil Liberties and Human Rights Law, Citizenship and Immigration Law and 1 more..., Student Forum

HRTO Sexual Harassment Case Note: NK v. Botuik

  • February 02, 2021
  • Rayaz Khan

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.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

COVID-19: The Vaccine & “Return-to-work” Policies

  • February 02, 2021
  • Taran Hoogsteen

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.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

SCC Says Corporations Cannot Suffer Cruel and Unusual Punishment

  • January 18, 2021
  • Deina Warren, LL.B., LL.M.

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.

Constitutional, Civil Liberties and Human Rights Law

Case Comment: C.P. v Her Majesty the Queen

  • January 13, 2021
  • Farhana Hossain

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.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

COVID-19: Legal Obligations Around Childcare Accommodation

  • October 30, 2020
  • Priya Sarin and Matthew Badrov, Sherrard Kuzz LLP

As provincial economies reopen and many employees return to the physical workplace, the issue of childcare remains as many schools and daycares are closed or operating at reduced capacity.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Lawyers and Law Students Urge Parliament to Protect the Rights of Marginalized Canadians

  • October 30, 2020
  • Derek Ross, LL.B., LL.M., Executive Director and General Counsel of Christian Legal Fellowship

On October 5, 2020, the federal government re-introduced Bill C-7, An Act to amend the Criminal Code (medical assistance in dying). Among other things, this Bill would remove the requirement that a person’s death be “reasonably foreseeable” in order to obtain a physician's assistance to end their life. This article discusses the federal governments obligations to uphold its international commitments, protect the rights of marginalized Canadians, and reconsider Bill C-7.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Canada’s Human Rights Failures on COVID-19

  • October 28, 2020
  • Errol Mendes

When COVID-19 was declared a pandemic in March, everyone was saying that we are all in it together. Six months in, it is clear that we are not. We have seen huge disparities in terms of the impacts of this virus on the elderly, the unemployed and underemployed, women, the disabled, Indigenous peoples and racialized minorities.

Constitutional, Civil Liberties and Human Rights Law, Student Forum