Articles 2021

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

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.

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.

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.