Articles 2020

Today
Today

How to Successfully Mediate Human Rights Disputes

  • October 23, 2019
  • Natai Shelsen

This article explores the desirability of mediation in human rights cases, the appropriate process and the crucial role of the mediator (including non-HRTO complaints).

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Welcome from the Chair and Vice Chair of the Constitutional, Civil Liberties and Human Rights Law Section

  • October 23, 2019
  • Morgana Kellythorne, The College of Physicians and Surgeons of Ontario, and chair, OBA Constitutional, Civil Liberties and Human Rights Law; Nicola Simmons, Keel Cottrelle LLP, and vice-chair, OBA Constitutional Civil Liberties and Human Rights Law

Welcome back! The Constitutional, Civil Liberties and Human Rights Section Executive has already been hard at work on a number of initiatives for this year. We welcome our new executive members and look forward to an engaging year of outreach and programming.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Freedom of Expression in Municipal Elections: Toronto (City) v Ontario (Attorney General)

  • October 23, 2019
  • Joshua Foster and ​Ranjan K. Agarwal

Recently, the Court of Appeal for Ontario was asked to determine the constitutionality of mid-election changes to the City of Toronto's municipal ward structure (City of Toronto v Ontario (AG), 2019 ONCA 732, rev'g 2018 ONSC 5151). While the election that sparked the litigation has long passed, the Court of Appeal's decision nonetheless offers insight on constitutional issues of fundamental and continuing importance.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Finally, the World Stands Up!

  • September 24, 2019
  • Tahir Khorasanee

Tahir Khorasanee, section editor and associate at Wakelin & Associates, expresses in poetry what inspires him and so many others to battle injustice and oppression. Human rights and civil liberties are essential to the functioning of a democratic society. Without these, there is no democracy and there is no justice.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

'The Blitz': Will Applicants Pay the Price for the HRTO’s New Expediency?

  • July 11, 2019
  • Nicole Biros-Bolton

On May 29, 2019, the Administrative Law; Constitutional, Civil Liberties & Human Rights Law; and Labour & Employment Law sections joined together for The Annual Update on Human Rights. The first presentation developed into a heated debate regarding changes within the newly reformed Human Rights Tribunal of Ontario (HRTO). The panelists were Linda Lamoureux, executive chair of Tribunals Ontario, and Jonathan Batty, Human Rights Tribunal.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Ontario Legislature Tables Two New Human Rights Bills

  • May 09, 2019
  • Giovanna Di Sauro

In the fall of 2018, the Ontario Legislature tabled two bills proposing significant amendments to the Ontario Human Rights Code. If enacted, Bill 35 and Bill 40 would introduce new non-discrimination obligations for provincially regulated employers.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

A Clear Affirmation from the Supreme Court of Canada: LGBTQ+ Individuals in the Legal Profession Matter

  • November 02, 2018
  • Adam James and Savannah DeWolfe, authors; Lilia Azatian, editor

In June, the Supreme Court of Canada reinforced the importance of equitable access to legal education in its highly anticipated decisions Trinity Western University v Law Society of Upper Canada and Law Society of British Columbia v Trinity Western University. These decisions reaffirmed the Court’s role as a defender of LGBTQ+ rights.

Constitutional, Civil Liberties and Human Rights Law, Sexual Orientation and Gender Identity Law, Student Forum

British Columbia Court of Appeal Orders Vancouver Transit Authority to Reconsider Selling Ad Space to Anti-abortion Group

  • November 01, 2018
  • Ewa Krajewska and Sara A. McGregor

In Canadian Centre for Bio-Ethical Reform v South Coast British Columbia Transportation Authority, the British Columbia Court of Appeal unanimously allowed an appeal brought by the Canadian Centre for Bio-Ethical Reform, and ordered the South Coast British Columbia Transportation Authority to reconsider its 2015 decision to disallow the pro-life / anti-abortion group to purchase advertising space on public buses.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Considering Key Charter and Human Rights Developments in Education Law

  • June 01, 2018
  • Jean-Frédéric (J-F) Hübsch

On April 4, 2018, the OBA Constitutional, Civil Liberties and Human Rights Section with the OBA Education Law Section hosted a panel to discuss key Charter and human rights developments in education law.

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