Articles 2023

Aujourdʼhui
Aujourdʼhui

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

  • 21 février 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.

Droit constitutionnel, libertés civiles et droits de la personne

One Step Forward, Two Steps Backwards: How the Indian Act may restrict various marginalized groups from accessing justice

  • 17 janvier 2018
  • Tavlin Kaur

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.

Droit constitutionnel, libertés civiles et droits de la personne

16th Annual Charter Conference

  • 17 janvier 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.

Droit constitutionnel, libertés civiles et droits de la personne

Childcare, Summer Jobs, and Religious Discrimination in Canada*

  • 17 janvier 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.

Droit constitutionnel, libertés civiles et droits de la personne

Gehl v Canada: Circumscribing the Role of Charter Values?

  • 16 novembre 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.

Droit constitutionnel, libertés civiles et droits de la personne

Naming Appropriate Respondents in Human Rights Applications

  • 15 novembre 2017
  • Wade Poziomka

Over the past few years, a troubling trend has emerged in the Human Rights Tribunal of Ontario’s case law relating to the naming and removal of individual respondents. In an effort to counter the inappropriate naming of individual respondents, the Tribunal's jurisprudence now encroaches into the territory of appropriately named individual respondents.

Droit constitutionnel, libertés civiles et droits de la personne

Supreme Court of Canada Confirms Termination of Disabled Employee Not a Breach of Human Rights

  • 21 juin 2017
  • Shivani Chopra and Kathryn Bird

In Stewart v. Elk Valley Coal Corp., the Supreme Court of Canada has upheld a decision of the Alberta Human Rights Tribunal (Tribunal) which concluded that an employee who had a cocaine addiction was not dismissed because of that addiction; rather, he was dismissed for breaching his employer’s Alcohol, Illegal Drugs & Medical Policy (Policy). No prima facie discrimination was found and the decision of the Tribunal dismissing the employee’s complaint was therefore reasonable.

Droit constitutionnel, libertés civiles et droits de la personne

Racial Profiling: How Do You Fight a Deeply Ingrained Thought System?

  • 26 mai 2017
  • Richa Sandill

Despite the Ontario Court of Appeal’s guidance in its seminal ruling on racial profiling in R v. Brown fourteen years ago, this continues to be a pervasive and widespread issue. This was highlighted in a recent joint program held by the OBA Criminal Justice and Constitutional, Civil Liberties, and Human Rights Law Sections.

Droit constitutionnel, libertés civiles et droits de la personne

The Torture Cases: Interview with Phil Tunley, Trial Lawyer Representing Canadian Victims of Torture in a Suit Against Canada

  • 08 mai 2017
  • Interview by Saba Ahmad

In February, 2017, the plaintiffs’ months-long trial was set to begin before the Honourable Justice Lederer. Following a recently announced settlement, lawyer Phil Tunley provides insights about trial preparation, client management and advancing Charter claims in the context of some of the worst human rights abuses ever litigated in Canada.

Droit constitutionnel, libertés civiles et droits de la personne