Articles 2021

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.

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.

The new Canadian Association of Lawyers with Disabilities aims for better inclusion.

The author explains why, in his view, Canada is overdue for a robust public debate about the circumstances in which using the notwithstanding clause is legitimate.

Exploring the decision in Gladue and its applicability to Section 7 of the Charter.

Discussing the recent and forthcoming measures on modern slavery in Canada, including: the impact of the Canadian-United States-Mexico Agreement (“CUSMA”); Prime Minister Justin Trudeau’s mandate letter to Canada’s Minister of Labour; and the development and status of Canada’s modern slavery legislation.

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.

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.

In the context of Canada's snap Federal Election, this opinion piece by Professor Mendes proposes democratic constraints on the use of the notwithstanding provisions in Section 33 of the Canadian Charter of Rights and Freedom.

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.