Articles

About Articles The below articles are published by the Constitutional, Civil Liberties and Human Rights Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editors: Saba Ahmad and Teagan Markin

Today
Today

Restrictions on Use of “Doctor” Title do Not Violate s 2(b) of the Charter: Berge v College of Audiologists and Speech-Language Pathologists of Ontario, 2016 ONSC 7034 (Div Ct)

  • January 17, 2017
  • Andrea Gonsalves and Justin Safayeni

Overview and Commentary of the Berge decision, in which the Ontario Divisional Court refused to accept an audiologist's argument that a statutory restriction on her use of the title "Doctor" infringed her rights under s. 2(b) of the Charter.

Constitutional, Civil Liberties and Human Rights Law

Trinity Western University’s Procedural Lessons for Regulators Considering Charter Values

  • January 05, 2017
  • Morgana Kellythorne

Over past months, the appellate courts of Ontario, Nova Scotia, and British Columbia have weighed in on their respective provincial law societies’ decisions to deny approval or accreditation to graduates of the proposed law school at Trinity Western University on the basis of its requirement that students sign a Community Covenant that forbids sexual intimacy, except between married heterosexual couples.

Constitutional, Civil Liberties and Human Rights Law

Ending Sexualized Dress Codes in the Workplace

  • December 06, 2016
  • Richa Sandill

The intersection between Employment and Human Rights law has dynamically evolved to respond to the new challenge of gender-based discrimination arising from workplace dress codes.

Constitutional, Civil Liberties and Human Rights Law

OBA Program Summary: “15th Annual Charter Conference”

  • November 27, 2016
  • Stephanie Lewis

On October 6, 2016, lawyers from across Ontario gathered in Toronto to discuss significant updates in constitutional litigation. The day consisted of presentations, panels, and a fireside chat between distinguished scholars. Ranjan Agarwal and Ewa Krajewska chaired the program.

Case Comment: Morasse v Nadeau-Dubois, 2016 SCC 44, Does Contemptuous Expression Deserve Charter Protection?

  • November 22, 2016
  • John Wilson & Guy Régimbald

In Morasse v Nadeau Dubois, the majority of a divided Supreme Court of Canada upheld the Quebec Court of Appeal’s acquittal of the respondent, Gabriel Nadeau-Dubois. Nadeau-Dubois, the spokesperson for the prominent Quebec student group CLASSE, had been found guilty of contempt of court under article 50 of the Code of Civil Procedure for comments he made during a live television interview at the height of Quebec’s 2012 “maple spring” protests.

Constitutional, Civil Liberties and Human Rights Law

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

  • October 17, 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.

Constitutional, Civil Liberties and Human Rights Law

The Schmidt Case and Charter Risk Analysis: A Commentary

  • October 17, 2016
  • Heather MacIvor

In Schmidt, a former federal government lawyer argued unsuccessfully for greater disclosure of internal Charter risk analyses of draft bills. The Canadian Civil Liberties Association, which intervened in support of Mr. Schmidt, recently recommended that the federal Cabinet be forced to share Charter advice with Parliament and the public. Heather MacIvor argues that this recommendation risks undermining the separation of powers, solicitor-client privilege and Cabinet confidentiality.

Welcome from the Chair

  • September 23, 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.

Constitutional, Civil Liberties and Human Rights Law

A Drop to Drink: A Case for a Constitutional Right to Water on First Nations Reserves

  • September 23, 2016
  • Teja Rachamalla

In June 2014, four Alberta First Nations launched a suit in federal court, alleging that the Government of Canada has created and sustained unsafe drinking water conditions on First Nations reserves, in breach of constitutional, Charter, and Treaty obligations. The parties consented to stay the case in September 2015. If the case goes to trial, it has important implications for First Nations communities living on reserve and their access to adequate safe drinking water as a constitutional right.