Articles 2019

Today
Today

Shelter from the Storm: The Charter Right to Shelter in Public Spaces

  • March 28, 2016
  • Rory Gillis

This case note identifies five significant implications of the recent decision in City of Abbotsford v. Shantz, in which the British Columbia Supreme Court found a Charter right to erect overnight shelters in public parks in Abbotsford, B.C.

Constitutional, Civil Liberties and Human Rights Law

Police Carding, Homelessness, and the Rights of Youth to Public Space: A Report from an Insightful OBA Institute Program

  • February 23, 2016
  • Sasha Hart

“Carding” or “street checks” refers to the police practice of stopping individuals on the street and entering their personal information into a database. The OBA’s CCLHR and the Child & Youth Law Sections held a joint program as part of Institute 2016. “Constitutional and Human Rights of Young People: Policing & Public Space” explored the experiences and rights implications of racialized and homeless youth who navigate public space under increased police surveillance.

Constitutional, Civil Liberties and Human Rights Law

Carter & Assisted Suicide: Where We Stand One Year Later

  • February 23, 2016
  • Safia J. Lakhani

The landmark Carter v. Canada decision that struck down the constitutionality of Criminal Code provisions prohibiting physician-assisted suicide recently marked its one year anniversary. This article, as an update to a previous version on Rabble, takes a look at the legislative consultations and developments this case has spawned in the year since the ruling, as well as the challenge for the government in balancing the competing interests surrounding this issue.

Constitutional, Civil Liberties and Human Rights Law

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

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