Articles 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.

The recent Order, which imposed a hotel quarantine requirement for travellers returning to Canada by air, has been tested in two recent decisions. The Superior Court of Justice and Federal Court of Canada each considered the constitutionality of the new measures to prevent the spread of Covid-19: Canadian Constitution Foundation v Canada (AG) (“CCF”), and Spencer v Canada (AG) (“Spencer”). Injunctive relief was refused in both decisions. This note summarizes and compares CCF and Spencer.

Despite evictions moratoria and the earlier suspension of LTB proceedings, observers have noted a sharp rise of homelessness and the proliferation of encampments in parks since the pandemic began. This article outlines some of the changes and issues that Bill 184 has had on the eviction process at the LTB, and in particular, the effect it has had on racialized and marginalized communities in the City of Toronto.

In its December 23, 2020 decision in Hudson’s Bay Company ULC v. Ontario (Attorney General), the Ontario Divisional Court dismissed Hudson’s Bay Company’s bid to ease retail lockdowns in regions of Ontario hardest hit by the COVID-19 pandemic. This decision signals a lingering post-Vavilov doubt about how closely courts will examine the legality of regulations, and also illustrates the courts’ deferential approach to government restrictions on civil liberties during the pandemic.

In Kovintharajah v. Paragon Linen and Laundry Services Inc., 2021 HRTO 98, Vice-Chair Bruce Best held that an employer violated the Human Rights Code (the “Code”) by revoking an existing family status accommodation that allowed an employee to leave work before the normal end of the shift in order to meet their child care responsibilities.

Summary of a decision awarding $170 thousand to an applicant in a coercive sexual relationship and assaulted by her supervisor. The employer settled. The award was against the individual respondent, who did not participate in the proceedings.

If no provincial vaccine mandate is implemented, individual employers will have to take it upon themselves to determine how to introduce employees back into their workplaces in light of legal and social responses to the pandemic. These policies promise to be complex, requiring a fine balancing of the rights of each stakeholder. This article will discuss some of the considerations for employers when creating these “return-to-work” policies.

Can corporations suffer cruel and unusual punishment? In Quebec (Attorney General) v 9147-0732 Québec Inc, the Supreme Court of Canada assessed this notion and determined that corporations cannot benefit from the protection of section 12 of the Charter.