Articles 2021

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.

In March, the Supreme Court of Canada heard an appeal of the Ontario Court of Appeal’s decision in Frank v Canada. This article argues that the Ontario Court of Appeal’s decision is inconsistent with the Supreme Court’s holding in Figueroa v Canada.

When it comes to sexual harassment and assault in the workplace, the discussion often centres around seeking accountability against the perpetrator through criminal and civil processes. However, in the more recent years, the Human Rights Tribunal of Ontario has become an increasingly effective forum for victims to be heard and have their experiences validated and appropriately compensated.

A recent decision by the Supreme Court of Canada sheds new light on how to consider employers’ duty to accommodate when dealing with an injured worker. In Quebec (Commission des normes, de l’équité, de la santé et de la sécurité du travail) v. Caron, 2018 SCC 3, the Court unanimously decided that “the duty to reasonably accommodate disabled employees is a fundamental tenet of Canadian and, more particularly, Quebec labour law. ”

As a human rights lawyer and a woman living with a disability, I am troubled by some reactions to the resignation of Kent Hehr, the federal Minister of Sport and Persons with Disabilities, on January 25th amidst allegations of sexual misconduct (since downgraded to "inappropriate comments").

The recently released National Housing Strategy, A Place to Call Home, puts housing policy, especially for those in core housing need, squarely in the national conversation.

The past few years have seen significant developments in the field of genetic testing, which has led to exciting possibilities for identifying, understanding, preventing, and treating illnesses. At the same time, advances in the understanding of genetics can also result in the discriminatory treatment of individuals.

The Northern Regional Health Authority has applied for leave to appeal the decision of the Manitoba Court of Appeal in Northern Regional Health Authority v. Manitoba Human Rights Commission et. al., 2017 MBCA 98 to the Supreme Court of Canada . The Manitoba Human Rights Commission is not opposing the application, instead favouring that the appeal be heard and clarification be sought in the matter of the jurisdiction of human rights tribunals vis-à-vis exclusive arbitral jurisdiction.

A recent case heard by the Supreme Court of Canada, Canadian Human Rights Commission v. Attorney General of Canada, may have significant implications for individuals who rely on federal government benefits. The case involves a challenge to the registration provision of the federal Indian Act.

The 16th Annual Charter of Rights and Freedoms Conference took place on October 2, 2017 at the OBA’s offices in Toronto. This article summarizes the Conference’s four panels, as well as the Year in Review presentation.