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Constitutional Civil Liberties and Human Rights Law

From programming and advocacy to peer recognition and relevant resources, OBA Section membership connects you with education, engagement and leadership opportunities to propel you to the forefront of your area of practice.

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Resources, Articles, & Advocacy

Legislative Update | June 05, 2026

Your OBA LegUp Policy and Legislative Update Week of June 1

Ontario Legislature Rises for 21-week Break: The Ford government ended its spring session two days early and has started an extended 21-week break. Government House Leader Steve Clark shared that politicians won’t return to Queen’s Park until Oct. 27 as returning earlier could “interfere” with local mayoral races around the province.

Submission | June 05, 2026

HRTO Rules of Procedure

The OBA provides comments to the Human Rights Tribunal of Ontario (“HRTO”) concerning proposed updates to the HRTO’s Rules of Procedure (“Rules”).

Article | June 03, 2026

Why Where You Post Legal Career Opportunities Matters More Than Ever

In hiring lawyers, context, credibility, and connection can shape better outcomes for employers and candidates alike.

Advocacy | May 29, 2026

Your OBA LegUp Policy and Legislative Update Week of May 25

Civil Rules Review Update: Attorney General Downey and Former Chief Justice Morawetz released a statement on the changes intended to be advanced in 2026.

Article | May 25, 2026

The Scope of the Police's Power of Arrest – R. v. Wilson, 2025 SCC 32

The scope of the police’s power of arrest is an important issue to all people as it entails a violation of people’s individual liberty and autonomy. Thus, the extent of this power and purposes the police can exercise this power for must be carefully circumscribed. In R v. Wilson, the Supreme Court of Canada addressed the extent of the police’s power to arrest in determining whether a statutory immunity from being charged or convicted for the offence of possession of a controlled substance in specific circumstances included immunity from being arrested for that offence.

Article | May 25, 2026

Intersectionality in Section 15 Discrimination Claims: Takeaways from Québec (AG) v Kanyinda

People are more than the sum of their parts and unfortunately, so is the discrimination they face. This observation was put forward by the scholar and advocate Kimberlé Crenshaw in a study addressing the discrimination faced by Black women in America and showing how it differs from merely a sum of sexism (also experienced by white women) and racism (also experienced by white men). It has led to the development of the concept of “intersectionality,” a framework in which the different types of discriminations faced by an individual or group are understood as “overlapping and mutually constitutive rather that isolated and distinct.” How, if at all, does this concept play a role when considering issues of equality and discrimination under the Charter in Canada? After all, to establish whether discrimination exists, the framework set by section 15(1) relies on individual, siloed grounds—be they enumerated (race, national or ethnic origin, colour, religion, sex, age or mental or physical disability) or analogous (non-citizenship, marital status, sexual orientation, Aboriginality-residence, and non-resident status in a self-governing Indigenous community ) grounds. This was one of the central questions tackled by the Supreme Court of Canada in Québec (AG) v Kanyinda, 2026 SCC 7.

Legislative Update | May 25, 2026

Your OBA LegUp Policy and Legislative Update Week of May 18

Island Airport Cost: The Toronto Port Authority has said that the proposed Billy Bishop airport expansion would cost up to $5 billion dollars to complete. Ontario is proposed to take over Toronto’s role in the tripartite agreement that governs the land and has stated that the Federal government supports the expansion.

Human Rights Tribunal of Ontario | May 25, 2026

HRTO: Consultation for Updates to Human Rights Tribunal of Ontario Rules of Procedure

Following the first phase of Rule updates launched in 2025, the Human Rights Tribunal (HRTO) is proposing further updates to its Rules of Procedure to simplify processes and ease user experience.