Articles 2020

Today
Today

Case Note: R. v. Sulllivan

  • June 23, 2020
  • Teddy Weinstein

Section 33.1 of the Criminal Code states a person is guilty of a violent offence, even if they were so intoxicated that they did not know what they were doing, so long as that intoxication was self-induced. This month, the Ontario Court of Appeal declared the provision of no force or effect, declaring s. 33.1 unconstitutional for violating sections 7 and 11(d) of the Charter. This note summarizes this important decision.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Re-Cap of CCLHR & Elder Law CPD Program: Emergency Measures and the Impact on Older Adults and People with Disabilities

  • June 16, 2020
  • Deina Warren

On April 22, 2020 as part of the OBA’s Priority PD program the Constitutional, Civil Liberties and Human Rights law section joined with the Elder Law section to address key issues related to emergency measures for older adults, people with disabilities, and the lawyers who represent them. This article provides an overview of that program.

Constitutional, Civil Liberties and Human Rights Law, Student Forum
Q&A with Peter Engelmann, OBA Award for Excellence in Constitutional, Civil Liberties and Human Rights Law Recipient

Q&A with Peter Engelmann, OBA Award for Excellence in Constitutional, Civil Liberties and Human Rights Law Recipient

  • June 08, 2020

Peter Engelmann, Partner, Goldblatt Partners, is being honoured this year with the OBA Award for Excellence in Constitutional, Civil Liberties and Human Rights Law for his outstanding leadership and contributions to the field. Find out what motivates him and how he is making a difference in his area of practice in this candid Q&A.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

New Rules for School: UAlberta Pro-Life v. Governors of the University of Alberta

  • March 10, 2020
  • Teagan Markin

In UAlberta Pro-Life v. Governors of the University of Alberta, the Alberta Court of Appeal held that a university's regulation of free expression on campus is a form of governmental action subject to Charter scrutiny. The decision sets a new precedent on the application of the Charter to university activities, applies the Doré test on a correctness standard of review, and considers the recent Vavilov decision of the Supreme Court of Canada. This article reviews this noteworthy decision.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

A Recap of "Key Constitutional and Human Rights in Health Law & Practice” at the OBA Institute

  • March 04, 2020
  • Carina Lentsch

On February 4, 2020, the OBA Health Law Section collaborated with the Constitutional, Civil Liberties and Human Rights Law Section in hosting “Key Constitutional and Human Rights in Health Law & Practice” at the OBA Institute. This article recaps some of the highlights of the event.

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

Can the Government be ‘Cruel’ to a Corporation?

  • March 02, 2020
  • Ravi Amarnath

Can a corporation challenge a mandatory minimum fine on the basis that it infringes s. 12 of the Canadian Charter of Rights and Freedoms? This is the question the Supreme Court of Canada will address in Attorney General of Quebec, et al. v. 9147-0732 Québec Inc., which was argued before the Supreme Court in January 2020 and is currently under reserve.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Litigating Human Rights, Labour and Employment Cases before Federal Tribunals

  • February 13, 2020
  • Fiona Campbell and Daniel Fong

On November 25, 2019, the CCLHR section and the Young Lawyers’ section held a joint program on appearing before federal administrative tribunals on human rights, employment, and labour issues. The panel featured two adjudicators and two lawyers, who offered information and advice on issues such as the correct forum for litigating disputes, the speed of dispute resolution before the various tribunals, and practice tips for counsel. This article summarizes the program.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Human Rights Application Substantially Similar to Civil Action Seeking Damages for Alleged Workplace Harassment Dismissed on Jurisdictional Grounds

  • November 29, 2019
  • Giovanna Di Sauro

A review of a recent HRTO decision, in which an applicant's forum choice resulted in her inability to proceed at both the Tribunal and in court. The decision underscores the importance of understanding the interplay between civil and administrative proceedings, and demonstrates the need to carefully evaluate the powers of administrative tribunals to limit or dismiss proceedings when developing a litigation strategy.

Constitutional, Civil Liberties and Human Rights Law, Student Forum