Articles 2021

Today
Today

The #metoo Movement: The Paradox of Sexual Misconduct and People with Disabilities

  • February 21, 2018
  • Lorin MacDonald

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").

Constitutional, Civil Liberties and Human Rights Law

Update on Genetic Discrimination

  • February 21, 2018
  • Fiona Campbell and Nicolas Woodward

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.

Constitutional, Civil Liberties and Human Rights Law

The Northern Regional Health Appeal – An Opportunity to Clarify the “Essential Character” Test of Disputes involving Human Rights in Unionized Workplaces

  • February 21, 2018
  • Sandra Gaballa

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.

Constitutional, Civil Liberties and Human Rights Law

16th Annual Charter Conference

  • January 17, 2018

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.

Constitutional, Civil Liberties and Human Rights Law

Childcare, Summer Jobs, and Religious Discrimination in Canada*

  • January 17, 2018
  • Derek Ross

Disqualifying otherwise eligible recipients from a public benefit because of their religious beliefs is unacceptable in a liberal democracy. Yet that is the effect of two recent government initiatives in Canada.

Constitutional, Civil Liberties and Human Rights Law

The New Law Society Requirements to Address Barriers Faced by Racialized Licensees: Steps Law Firms Are Taking

  • November 23, 2017
  • Ashley Schuitema is a lawyer at Ursel Phillips Fellows Hopkinson LLP. Her practice focuses on the representation of trade unions, associations and employees. Ashley can be contacted at aschuitema@upfhlaw.ca.

The Law Society is implementing various recommendations approved by Convocation in December 2016 to address barriers faced by racialized licensees and to address issues of systemic racism in the legal profession. Three partners at three different law firms are interviewed to find out what steps their firms have taken in preparation to meet these new requirements.

Constitutional, Civil Liberties and Human Rights Law

Gehl v Canada: Circumscribing the Role of Charter Values?

  • November 16, 2017
  • John Wilson and Guy Régimbald

In Gehl v Canada (2017), the concurring reasons of Justices Lauwers and Miller include a sustained criticism of the concept and application of Charter values in judicial reasoning. We reply to the concurring judgment’s critique of Charter values.

Constitutional, Civil Liberties and Human Rights Law