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

Editor: Saba Ahmad, Richa Sandill

Today
Today

Welcome from the Chair

  • September 23, 2016
  • Ranjan Agarwal

Welcome back! The Constitutional, Civil Liberties and Human Rights section executive has already been hard at work on a number of initiatives for the upcoming year.

Constitutional, Civil Liberties and Human Rights Law

A Drop to Drink: A Case for a Constitutional Right to Water on First Nations Reserves

  • September 23, 2016
  • Teja Rachamalla

In June 2014, four Alberta First Nations launched a suit in federal court, alleging that the Government of Canada has created and sustained unsafe drinking water conditions on First Nations reserves, in breach of constitutional, Charter, and Treaty obligations. The parties consented to stay the case in September 2015. If the case goes to trial, it has important implications for First Nations communities living on reserve and their access to adequate safe drinking water as a constitutional right.

OBA Hosts Lively Panel Discussion on Assisted Dying

  • June 24, 2016
  • Jeffrey Wyngaarden

On June 15, the Ontario Bar Association hosted a panel discussion on the legal issues surrounding medical aid in dying (MAID) in Canada. Differing views made for an engaging dialogue as the panellists examined Parliament’s attempts to enact new legislation following the Supreme Court’s decision in Carter v Canada (Carter).

Constitutional, Civil Liberties and Human Rights Law

CCLHR Year End Wrap Up: Note from the Section Chair

  • June 24, 2016
  • Ranjan K. Agarwal is a Partner in Commercial and Public Litigation at Bennett Jones LLP.

Ranjan Agarwal, Chair of the 2015-2016 Constitutional, Civil Liberties and Human Rights Section's Executive Committee, reflects on a busy year of programs, member engagement, and advocacy, as well as looking forward to upcoming changes for the 2016-2017 year.

Constitutional, Civil Liberties and Human Rights Law

Review of Personal Constitutional Exemption Applications for Physician-Assisted Death

  • May 19, 2016
  • Ewa Krajewska and Rahim Jamal

On January 15, 2016, the SCC issued a supplementary ruling to its decision in Carter v. Canada, which struck down provisions in the Criminal Code relating to physician-assisted death. The Court granted the government an additional four months (until June 6, 2016) to draft compliant legislation. Until then, individuals have been permitted to apply to the courts for an order authorizing a physician-assisted death. This article provides a review of those applications.

Constitutional, Civil Liberties and Human Rights Law

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