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


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.

The Curious Case(s) of Sexual Harrassment in Ontario Workplaces

  • November 16, 2015
  • Richa Sandill

When it rears its ugly head, sexual harassment can manifest itself in a number of different ways – something that a court decision from south of the border involving odd factual circumstances indicated recently.

Constitutional, Civil Liberties and Human Rights Law

The Right Time for Constitutional Challenges: Recent Cases

  • October 30, 2015
  • Morgana Kellythorne

A court may decline to hear constitutional issues raised for the first time on appeal or raised in the wrong way. While a court may exercise its discretion to overlook procedural missteps, it is risky to rely on such an exercise of discretion. It continues to be important to consider any potential constitutional arguments early on and identify the appropriate forum in which to raise them. Three recent cases illustrate the issue.

Constitutional, Civil Liberties and Human Rights Law

Damages in Lieu of Reinstatement in the Human Rights Context in Ontario

  • October 30, 2015
  • Wade Poziomka

This brief paper explores damages in lieu of reinstatement in the context of the Human Rights Tribunal of Ontario. The Tribunal has never ordered these damages previously, and the failure to award damages in lieu of reinstatement where an employment relationship is not viable compounds the harm experienced by victims of discrimination. This is particular so where the relationship has broken down through no fault of the applicant.

Constitutional, Civil Liberties and Human Rights Law

Welcome from the Chair

  • October 30, 2015
  • Ranjan Agarwal

An introductory note from the 2015/2016 CCLHR Section Chair, Ranjan Agarwal, welcoming all members to this year's OBA session and outlining what to look forward to in our section.