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: J. Andrew Sprague

Today
Today

British Columbia Court of Appeal Orders Vancouver Transit Authority to Reconsider Selling Ad Space to Anti-abortion Group

  • November 01, 2018
  • Ewa Krajewska and Sara A. McGregor

In Canadian Centre for Bio-Ethical Reform v South Coast British Columbia Transportation Authority, the British Columbia Court of Appeal unanimously allowed an appeal brought by the Canadian Centre for Bio-Ethical Reform, and ordered the South Coast British Columbia Transportation Authority to reconsider its 2015 decision to disallow the pro-life / anti-abortion group to purchase advertising space on public buses.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Considering Key Charter and Human Rights Developments in Education Law

  • June 01, 2018
  • Jean-Frédéric (J-F) Hübsch

On April 4, 2018, the OBA Constitutional, Civil Liberties and Human Rights Section with the OBA Education Law Section hosted a panel to discuss key Charter and human rights developments in education law.

Constitutional, Civil Liberties and Human Rights Law, Education Law, Student Forum

Frank: A Departure from Figueroa

  • May 23, 2018
  • Saba Ahmad

In March, the Supreme Court of Canada heard an appeal of the Ontario Court of Appeal’s decision in Frank v Canada. This article argues that the Ontario Court of Appeal’s decision is inconsistent with the Supreme Court’s holding in Figueroa v Canada.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Justice is served: The Human Rights Tribunal of Ontario sends a strong message that there is no room for sexual assault and harassment in the workplace

  • May 17, 2018
  • Tavlin Kaur

When it comes to sexual harassment and assault in the workplace, the discussion often centres around seeking accountability against the perpetrator through criminal and civil processes. However, in the more recent years, the Human Rights Tribunal of Ontario has become an increasingly effective forum for victims to be heard and have their experiences validated and appropriately compensated.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

ECOJUSTICE DENIED LEAVE TO INTERVENE AS "FRIEND OF COURT"

  • March 29, 2018
  • Jack D. Coop

This article considers the Ontario Court of Appeal's recent decision in Huang v. Fraser Hillary's Limited, 2018 ONCA 277, in which the court denied Ecojustice leave to intervene in an appeal.

Civil Litigation, Constitutional, Civil Liberties and Human Rights Law, Environmental Law and 1 more..., Natural Resources and Energy Law

Insurer off-the-hook for Release of Pollutants Caused by Fire

  • March 29, 2018
  • John Georgakopoulos and Matthew Gardner, Willms & Shier Environmental Lawyers LLP

On January 14, 2016, the Supreme Court of Canada denied Precision Plating Ltd.’s (“Precision Plating”) application for leave to appeal the British Columbia Court of Appeal’s (“BCCA”) decision in Precision Plating Ltd. v. Axa Pacific Insurance Co., (“Precision Plating v Axa”).

Civil Litigation, Constitutional, Civil Liberties and Human Rights Law, Environmental Law and 1 more..., Insurance Law

The duty to accommodate: does the origin of the disability matter?

  • March 27, 2018
  • Nathalie Léger and Amy Nguyen

A recent decision by the Supreme Court of Canada sheds new light on how to consider employers’ duty to accommodate when dealing with an injured worker. In Quebec (Commission des normes, de l’équité, de la santé et de la sécurité du travail) v. Caron, 2018 SCC 3, the Court unanimously decided that “the duty to reasonably accommodate disabled employees is a fundamental tenet of Canadian and, more particularly, Quebec labour law. ”

Constitutional, Civil Liberties and Human Rights Law, Workers' Compensation

The #metoo Movement: The Paradox of Sexual Misconduct and People with Disabilities

  • February 21, 2018
  • Lorin MacDonald

As a human rights lawyer and a woman living with a disability, I am troubled by some reactions to the resignation of Kent Hehr, the federal Minister of Sport and Persons with Disabilities, on January 25th amidst allegations of sexual misconduct (since downgraded to "inappropriate comments").

Constitutional, Civil Liberties and Human Rights Law

Update on Genetic Discrimination

  • February 21, 2018
  • Fiona Campbell and Nicolas Woodward

The past few years have seen significant developments in the field of genetic testing, which has led to exciting possibilities for identifying, understanding, preventing, and treating illnesses. At the same time, advances in the understanding of genetics can also result in the discriminatory treatment of individuals.

Constitutional, Civil Liberties and Human Rights Law