Articles 2022

Aujourdʼhui
Aujourdʼhui

Case Comment: Misetich v Value Village Stores Inc 2016 HRTO 1229

  • 17 octobre 2016
  • Lydia Bay

The Human Rights Tribunal of Ontario recently issued a significant decision with respect to family status discrimination. In Misetich v Value Village Stores Inc., the Tribunal indicated its intention to depart from the test for family status discrimination outlined in Canada (Attorney General) v Johnstone and Canadian National Railway v Seeley.

Droit constitutionnel, libertés civiles et droits de la personne

Welcome from the Chair

  • 23 septembre 2016
  • Ranjan Agarwal

Welcome back! The Constitutional, Civil Liberties and Human Rights section executive has already been hard at work on a number of initiatives for the upcoming year.

Droit constitutionnel, libertés civiles et droits de la personne

OBA Hosts Lively Panel Discussion on Assisted Dying

  • 24 juin 2016
  • Jeffrey Wyngaarden

On June 15, the Ontario Bar Association hosted a panel discussion on the legal issues surrounding medical aid in dying (MAID) in Canada. Differing views made for an engaging dialogue as the panellists examined Parliament’s attempts to enact new legislation following the Supreme Court’s decision in Carter v Canada (Carter).

Droit constitutionnel, libertés civiles et droits de la personne

CCLHR Year End Wrap Up: Note from the Section Chair

  • 24 juin 2016
  • Ranjan K. Agarwal is a Partner in Commercial and Public Litigation at Bennett Jones LLP.

Ranjan Agarwal, Chair of the 2015-2016 Constitutional, Civil Liberties and Human Rights Section's Executive Committee, reflects on a busy year of programs, member engagement, and advocacy, as well as looking forward to upcoming changes for the 2016-2017 year.

Droit constitutionnel, libertés civiles et droits de la personne

Review of Personal Constitutional Exemption Applications for Physician-Assisted Death

  • 19 mai 2016
  • Ewa Krajewska and Rahim Jamal

On January 15, 2016, the SCC issued a supplementary ruling to its decision in Carter v. Canada, which struck down provisions in the Criminal Code relating to physician-assisted death. The Court granted the government an additional four months (until June 6, 2016) to draft compliant legislation. Until then, individuals have been permitted to apply to the courts for an order authorizing a physician-assisted death. This article provides a review of those applications.

Droit constitutionnel, libertés civiles et droits de la personne

Supreme Court to Tackle Employee Drug Dependency and Denial

  • 22 avril 2016
  • Jessica J. Young

The Supreme Court of Canada recently granted leave to appeal the decision of the Alberta Court of Appeal in Stewart v. Elk Valley Coal Corporation, 2015 ABCA 225, which addressed the thorny issue of revealing drug dependency to an employer, after termination, for causing a workplace accident.

Droit constitutionnel, libertés civiles et droits de la personne

Non-Resident Voting Restrictions to be Considered by the Supreme Court of Canada

  • 21 avril 2016
  • Sebastian Spano

The Supreme Court of Canada will hear the appeal of Gillian Frank and Jamie Duong, two Canadians residing in the United States who had been prohibited from voting, pursuant to the Canada Elections Act, because they have lived outside of Canada for more than five years.

Droit constitutionnel, libertés civiles et droits de la personne

Abandoning the Regional Diversity Convention at the Supreme Court

  • 14 avril 2016
  • Ranjan Agarwal

Taking a look at the opportunity create a Supreme Court bench reflective of the diversity of modern Canada in light of upcoming vacancies at the nation's highest appellate court.

Droit constitutionnel, libertés civiles et droits de la personne

Shelter from the Storm: The Charter Right to Shelter in Public Spaces

  • 28 mars 2016
  • Rory Gillis

This case note identifies five significant implications of the recent decision in City of Abbotsford v. Shantz, in which the British Columbia Supreme Court found a Charter right to erect overnight shelters in public parks in Abbotsford, B.C.

Droit constitutionnel, libertés civiles et droits de la personne