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: Ian Amirthanathan and Samantha Peters

Today
Today

20th Annual Charter Conference in Review

  • November 18, 2021
  • Salman Rana

The 20th Annual Charter of Rights and Freedoms Conference hosted by the Constitutional Civil Liberties and Human Rights (“CCLHR”) Section of the Ontario Bar Association (“OBA”) took place on October 5, 2021 via webcast. This article summarizes the Conference’s Year in Review presentation, the four panel discussions, and the Keynote Address.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

The Constitutionality of Third-Party Political Advertising Restrictions in Ontario

  • November 03, 2021
  • Melanie Zetusian

In the context of third-party political advertising restrictions, Melanie Zetusian provides an in-depth analysis of the ONSC decision in Working Families Ontario v. Ontario, where the Applicants challenged the constitutionality of the amendments made by the Ontario legislature via the Protecting Ontario Elections Act, 2021.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Welcome Message from the Chair

  • September 22, 2021
  • J. Andrew Sprague

A Welcome Message from Andrew Sprague, the chair of the Constitutional, Civil Liberties and Human Rights (CCLHR) Law Section of the OBA. An insightful message which details his passion for the CCLHR, the goals of the CCLHR Executive Team and a detailed account of upcoming events and initiatives in the 2021-2022 season.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Case Comment: Comparison of a Provincial and Federal Ruling on Hotel Quarantines during the COVID-19 Pandemic

  • June 05, 2021
  • Melanie Zetusian

The recent Order, which imposed a hotel quarantine requirement for travellers returning to Canada by air, has been tested in two recent decisions. The Superior Court of Justice and Federal Court of Canada each considered the constitutionality of the new measures to prevent the spread of Covid-19: Canadian Constitution Foundation v Canada (AG) (“CCF”), and Spencer v Canada (AG) (“Spencer”). Injunctive relief was refused in both decisions. This note summarizes and compares CCF and Spencer.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Evictions During the Pandemic in Toronto

  • June 01, 2021
  • Nancy Bediako

Despite evictions moratoria and the earlier suspension of LTB proceedings, observers have noted a sharp rise of homelessness and the proliferation of encampments in parks since the pandemic began. This article outlines some of the changes and issues that Bill 184 has had on the eviction process at the LTB, and in particular, the effect it has had on racialized and marginalized communities in the City of Toronto.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

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
Saba Ahmad

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