Articles 2020

Today
Today

Proposed Amendment: Strengthening Accountability and Student Supports Act, 2024

  • May 09, 2024
  • Shannon Sproule

Bill 166, also called the Strengthening Accountability and Student Supports Act, 2024, proposes to amend the Ministry of Training, Colleges and Universities Act to require every Ontario college and university to have a student mental health policy setting out what services, programs, policies and supports are available for student mental health, as well as policies and rules to address and combat racism and hate, including antisemitism, anti-Black racism, anti-Indigenous racism and Islamophobia.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Divisional Court: Human Rights Code Establishes Concurrent Jurisdiction Between the Human Rights Tribunal of Ontario and Labour Arbitrators

  • April 30, 2024
  • Cassandra Ma

On March 13, 2024, the Ontario Divisional Court released its long-awaited decision in London District Catholic School Board v. Weilgosh, 2023 ONSC 3857 (“Weilgosh”). The decision confirms that the Human Rights Tribunal of Ontario (the “Tribunal”) and labour arbitrators share concurrent jurisdiction over human rights complaints arising from a provincially regulated collective agreement.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Being a Disability Ally in the Legal Profession Starts with Breaking your Silence

  • February 07, 2024
  • Lorin MacDonald

The International Day of Persons with Disabilities serves as a potent reminder of disability inclusion every year, but workplace inclusion for people with disabilities remains as bleak as ever. Lorin MacDonald provides ten tips for disability allies to advance the agenda of workplace inclusion and accessibility.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Make Human Rights Education Mandatory for the Legal Profession

  • October 13, 2023
  • Lorin MacDonald

Section Vice-Chair, Lorin MacDonald advocates for mandatory human rights education for the legal profession in Canadian Lawyer Magazine. Read an excerpt here.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Opinion: Faith-based Health Care Offers Vital Access to Medical Assistance in Living

  • August 25, 2023
  • Brian Bird and Derek Ross

Whether to participate in MAID is a profound and complex ethical question—a question on which the B.C. Supreme Court recognized that “thoughtful and well-motivated people can and have come to different conclusions.” In a country that cherishes diversity and dignity for all, we must support diverse communities of care and, in turn, better options and outcomes for all patients - many of whom seek, and deserve better access to, medical assistance in living.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Ontario Superior Court Dismisses Climate-Related Charter Application

  • June 16, 2023
  • Kimberly Potter, partner, Fasken; Anastasia Reklitis, associate, Fasken

The Ontario Superior Court of Justice recently released Mathur v. Ontario, a landmark climate litigation decision. The seven applicants (between the ages of 15 and 27), sought declarations of constitutional invalidity related to Ontario’s legislated greenhouse gas emissions reduction target. The court expressed sympathy for the applicants’ environmental concerns but concluded that based on “the current state of the law” it could not find Charter violations in the circumstances before it.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Expanding Medical Assistance in Dying Will Have Devastating Effects on Canadians with Disabilities

  • March 10, 2023
  • Lorin MacDonald

There is a proliferation of news reports of people with disabilities considering medical assistance in dying (MAiD). As a human rights lawyer, a disability advocate, and a woman born with a disability, I find these trends troubling. I believe MAiD is the outcome of Hobson’s choice, which refers to the illusion that multiple options are available. In a “take it or leave it” scenario, “leaving it” is no longer tenable for many Canadians with disabilities, given today’s climate.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Court of Appeal Finds Section 8 of the Charter's Privacy Protections Apply to Employees in School Workplaces

  • January 30, 2023
  • Andrew Easto

This detailed case summary reviews the Ontario Court of Appeal's decision in Elementary Teachers Federation of Ontario v. York Region District School Board. In this groundbreaking decision, the Court of Appeal held that section 8 of the Charter applies to the actions of principals conducting workplace investigations. Further, the Court found that the Board’s investigation violated the teachers’ reasonable expectation of privacy and constituted an unreasonable search under section 8.

Constitutional, Civil Liberties and Human Rights Law, Education Law, Labour and Employment Law and 1 more..., Student Forum