The courts have interpreted and applied sections 1 and 2 of the Charter, including in the case of Occupy Toronto in 2011. In recent days, the word “freedom” has been used in the context of regulating protests and blockades at various locations in Canada. The Canadian Charter of Rights and Freedoms … [Read more...]
About Linda McKay-Panos
Accessibility Legislation Across Canada: The current situation
The Accessible Canada Act and similar legislation in four provinces address systemic barriers of accessibility. According to Statistics Canada (2017), 22% of Canadians over the age of 15 live with at least one disability that limits their everyday activities. Federal and provincial human … [Read more...]
Disabilities, Accommodation and Mask Rules: Human Rights Commission weighs in
The British Columbia Human Rights Tribunal released a screening decision about a customer's complaint of having to wear a mask in a store. Recently, the British Columbia Human Rights Tribunal declined to accept a complaint in a case called The Customer v The Store, 2021 BCHRT 39 (The Customer). … [Read more...]
Can Canada Effectively Address Hate and Racial Discrimination on Social Media?
When regulating the Internet, Canada struggles with it being borderless and how to uphold freedom of expression. In the past months, we have seen increased concern about hate speech and racial discrimination on social media in Canada and around the world. There are renewed calls for increased … [Read more...]
SCC Rules on Intellectual Disabilities and Equality
A recent Supreme Court of Canada (SCC) case, R v Slatter, 2020 SCC 36, provided a strong statement about the treatment of evidence provided by witnesses who have intellectual or developmental disabilities. Thomas Slatter was convicted at trial of sexually assaulting an intellectually disabled … [Read more...]
Human Rights and Civil Liberties Implications of COVID-19 Mask Laws
As the COVID-19 pandemic continues to affect the entire world, many governments have passed legislation requiring that face masks be worn in many public locations. This has resulted in claims that the mask requirements violate civil liberties. At the same time, there have been some incidents of … [Read more...]
The Importance of Distinguishing Racism from Racial Discrimination
Recently, anti-racism has received extensive media coverage. Instead of addressing what can be done about it, there has been much discussion about whether racism—particularly systemic racism—exists in Canada, and apparent confusion about the meaning of important terms. For example, on June 9, 2020, … [Read more...]
The Use of the Peace, Order and Good Government Clause in Canada’s Constitution
Recent events in Canada have caused a resurgence of reliance on the Peace, Order and Good Government (POGG) clause in section 91 of The Constitution Act, 1867. When federal and provincial governments seek to pass legislation, they must have authority under section 91 (federal government) or 92 … [Read more...]
Overt Discrimination and Hate Crimes are Increasing During COVID-19
Generally, when talking about the situation in Canada, the emphasis is on the prevalence of systemic discrimination —policies or practices that are part of an organization, which perpetuate disadvantage. This is pervasive in Canada and difficult to address because it is reinforced by acceptance as … [Read more...]
COVID-19: Human rights implications for Canadians held in remand, prisons and jails
We find ourselves in unprecedented times. As we scramble to “socially distance” and address the economic consequences of the global pandemic, inmates in Canadian institutions are particularly vulnerable to adverse effects by virtue of the conditions where they are held. On March 30, 2020, the … [Read more...]
