Articles 2021

Today
Today

Can the Government be ‘Cruel’ to a Corporation?

  • March 02, 2020
  • Ravi Amarnath

Can a corporation challenge a mandatory minimum fine on the basis that it infringes s. 12 of the Canadian Charter of Rights and Freedoms? This is the question the Supreme Court of Canada will address in Attorney General of Quebec, et al. v. 9147-0732 Québec Inc., which was argued before the Supreme Court in January 2020 and is currently under reserve.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Litigating Human Rights, Labour and Employment Cases before Federal Tribunals

  • February 13, 2020
  • Fiona Campbell and Daniel Fong

On November 25, 2019, the CCLHR section and the Young Lawyers’ section held a joint program on appearing before federal administrative tribunals on human rights, employment, and labour issues. The panel featured two adjudicators and two lawyers, who offered information and advice on issues such as the correct forum for litigating disputes, the speed of dispute resolution before the various tribunals, and practice tips for counsel. This article summarizes the program.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Human Rights Application Substantially Similar to Civil Action Seeking Damages for Alleged Workplace Harassment Dismissed on Jurisdictional Grounds

  • November 29, 2019
  • Giovanna Di Sauro

A review of a recent HRTO decision, in which an applicant's forum choice resulted in her inability to proceed at both the Tribunal and in court. The decision underscores the importance of understanding the interplay between civil and administrative proceedings, and demonstrates the need to carefully evaluate the powers of administrative tribunals to limit or dismiss proceedings when developing a litigation strategy.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

How to Successfully Mediate Human Rights Disputes

  • October 23, 2019
  • Natai Shelsen

This article explores the desirability of mediation in human rights cases, the appropriate process and the crucial role of the mediator (including non-HRTO complaints).

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Welcome from the Chair and Vice Chair of the Constitutional, Civil Liberties and Human Rights Law Section

  • October 23, 2019
  • Morgana Kellythorne, The College of Physicians and Surgeons of Ontario, and chair, OBA Constitutional, Civil Liberties and Human Rights Law; Nicola Simmons, Keel Cottrelle LLP, and vice-chair, OBA Constitutional Civil Liberties and Human Rights Law

Welcome back! The Constitutional, Civil Liberties and Human Rights Section Executive has already been hard at work on a number of initiatives for this year. We welcome our new executive members and look forward to an engaging year of outreach and programming.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Freedom of Expression in Municipal Elections: Toronto (City) v Ontario (Attorney General)

  • October 23, 2019
  • Joshua Foster and ​Ranjan K. Agarwal

Recently, the Court of Appeal for Ontario was asked to determine the constitutionality of mid-election changes to the City of Toronto's municipal ward structure (City of Toronto v Ontario (AG), 2019 ONCA 732, rev'g 2018 ONSC 5151). While the election that sparked the litigation has long passed, the Court of Appeal's decision nonetheless offers insight on constitutional issues of fundamental and continuing importance.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Finally, the World Stands Up!

  • September 24, 2019
  • Tahir Khorasanee

Tahir Khorasanee, section editor and associate at Wakelin & Associates, expresses in poetry what inspires him and so many others to battle injustice and oppression. Human rights and civil liberties are essential to the functioning of a democratic society. Without these, there is no democracy and there is no justice.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

'The Blitz': Will Applicants Pay the Price for the HRTO’s New Expediency?

  • July 11, 2019
  • Nicole Biros-Bolton

On May 29, 2019, the Administrative Law; Constitutional, Civil Liberties & Human Rights Law; and Labour & Employment Law sections joined together for The Annual Update on Human Rights. The first presentation developed into a heated debate regarding changes within the newly reformed Human Rights Tribunal of Ontario (HRTO). The panelists were Linda Lamoureux, executive chair of Tribunals Ontario, and Jonathan Batty, Human Rights Tribunal.

Constitutional, Civil Liberties and Human Rights Law, Student Forum