Articles 2021

Today
Today

Lawyers and Law Students Urge Parliament to Protect the Rights of Marginalized Canadians

  • October 30, 2020
  • Derek Ross, LL.B., LL.M., Executive Director and General Counsel of Christian Legal Fellowship

On October 5, 2020, the federal government re-introduced Bill C-7, An Act to amend the Criminal Code (medical assistance in dying). Among other things, this Bill would remove the requirement that a person’s death be “reasonably foreseeable” in order to obtain a physician's assistance to end their life. This article discusses the federal governments obligations to uphold its international commitments, protect the rights of marginalized Canadians, and reconsider Bill C-7.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Canada’s Human Rights Failures on COVID-19

  • October 28, 2020
  • Errol Mendes

When COVID-19 was declared a pandemic in March, everyone was saying that we are all in it together. Six months in, it is clear that we are not. We have seen huge disparities in terms of the impacts of this virus on the elderly, the unemployed and underemployed, women, the disabled, Indigenous peoples and racialized minorities.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

OBA Program Summary: “Critical Issues in Race and Policing”, Part 2

  • October 02, 2020
  • Saba Ahmad

On the evening of September 30, 2020, over 120 lawyers and other professionals attended virtually to hear from Roger Love and Faisal Mirza on “Civil, Charter, and Human Rights Challenges,” part 2 of the Race and Policing Series, co-hosted by the Criminal Justice and Constitutional Civil Liberties and Human Rights (“CCLHR”) sections of the Ontario Bar Association (“OBA”). This article provides a brief summary of the program.

Constitutional, Civil Liberties and Human Rights Law, Criminal Justice, Student Forum

Welcome from the Chair and Vice-Chair

  • September 29, 2020
  • Nicola Simmons and J. Andrew Sprague

A welcome message from the Chair and Vice-Chair of the CCLHR section, providing an overview of the section's anticipated activities for the upcoming year.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Victory for Midwives as Divisional Court Dismisses Ontario’s Judicial Review Application

  • July 08, 2020
  • Saba Ahmad

Ontario’s midwives have won another round of litigation, in a pay equity saga stretching back almost a decade. Late last month, the Divisional Court rejected the province’s Judicial Review application of two decisions of the Human Rights Tribunal (“Tribunal”). This article summarizes the Divisional Court's decision.

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

Case Note: R. v. Sulllivan

  • June 23, 2020
  • Teddy Weinstein

Section 33.1 of the Criminal Code states a person is guilty of a violent offence, even if they were so intoxicated that they did not know what they were doing, so long as that intoxication was self-induced. This month, the Ontario Court of Appeal declared the provision of no force or effect, declaring s. 33.1 unconstitutional for violating sections 7 and 11(d) of the Charter. This note summarizes this important decision.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Re-Cap of CCLHR & Elder Law CPD Program: Emergency Measures and the Impact on Older Adults and People with Disabilities

  • June 16, 2020
  • Deina Warren

On April 22, 2020 as part of the OBA’s Priority PD program the Constitutional, Civil Liberties and Human Rights law section joined with the Elder Law section to address key issues related to emergency measures for older adults, people with disabilities, and the lawyers who represent them. This article provides an overview of that program.

Constitutional, Civil Liberties and Human Rights Law, Student Forum
Q&A with Peter Engelmann, OBA Award for Excellence in Constitutional, Civil Liberties and Human Rights Law Recipient

Q&A with Peter Engelmann, OBA Award for Excellence in Constitutional, Civil Liberties and Human Rights Law Recipient

  • June 08, 2020

Peter Engelmann, Partner, Goldblatt Partners, is being honoured this year with the OBA Award for Excellence in Constitutional, Civil Liberties and Human Rights Law for his outstanding leadership and contributions to the field. Find out what motivates him and how he is making a difference in his area of practice in this candid Q&A.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

New Rules for School: UAlberta Pro-Life v. Governors of the University of Alberta

  • March 10, 2020
  • Teagan Markin

In UAlberta Pro-Life v. Governors of the University of Alberta, the Alberta Court of Appeal held that a university's regulation of free expression on campus is a form of governmental action subject to Charter scrutiny. The decision sets a new precedent on the application of the Charter to university activities, applies the Doré test on a correctness standard of review, and considers the recent Vavilov decision of the Supreme Court of Canada. This article reviews this noteworthy decision.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

A Recap of "Key Constitutional and Human Rights in Health Law & Practice” at the OBA Institute

  • March 04, 2020
  • Carina Lentsch

On February 4, 2020, the OBA Health Law Section collaborated with the Constitutional, Civil Liberties and Human Rights Law Section in hosting “Key Constitutional and Human Rights in Health Law & Practice” at the OBA Institute. This article recaps some of the highlights of the event.

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