Reading Time: 6 minutes 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 regulation of illegal content. In fact, a recent […]
About Linda McKay-Panos
HUMAN RIGHTS | SCC Rules on Intellectual Disabilities and Equality
Reading Time: 4 minutes 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 21-year-old woman (J.M.).
HUMAN RIGHTS | Human Rights and Civil Liberties Implications of COVID-19 Mask Laws
Reading Time: 3 minutes 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 individuals being confronted for not wearing masks, yet […]
HUMAN RIGHTS | The Importance of Distinguishing Racism from Racial Discrimination
Reading Time: 5 minutes 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, CBC reported that Alberta Deputy RCMP Commissioner Curtis Zablocki denied there was […]
The Use of the Peace, Order and Good Government Clause in Canada’s Constitution
Reading Time: 4 minutes 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 (provincial governments). These sections list subject matters that […]
HUMAN RIGHTS | Overt Discrimination and Hate Crimes are Increasing During COVID-19
Reading Time: 4 minutes 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 the “normal” way of doing things. However, while complex systemic […]
HUMAN RIGHTS | COVID-19: Human rights implications for Canadians held in remand, prisons and jails
Reading Time: 3 minutes 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 Canadian Government announced that two inmates in the Port-Cartier Institution […]
HUMAN RIGHTS | Solitary Confinement is a Human Rights Issue
Reading Time: 3 minutes Mahatma Ghandi once said: “A nation’s greatness is measured by how it treats its weakest members.” Canada has used solitary confinement for prisoners for decades. In the past several years, solitary confinement has been the subject of criticism from civil libertarians and mental health advocates. Usually, solitary confinement involves isolating inmates in a small cell […]
HUMAN RIGHTS | Access to Justice Given a Boost by Downtown Eastside Sex Workers Case
Reading Time: 6 minutes 20/20: Looking back over the last 20 years In Downtown Eastside Sex Workers United Against Violence Society v Canada (Attorney General), 2012 SCC 45 (DESW), the Supreme Court of Canada (SCC) adapted the rule on public interest standing. This resulted in the potential for better access to justice, especially for vulnerable peoples who may not otherwise have […]
Equality Issues and Assisted Death Legislation
Reading Time: 5 minutes In Carter v Canada (Attorney General), the Supreme Court of Canada (SCC) ruled that Criminal Code sections 241 and 14 deprived adults of their right to life, liberty and security of the person under s. 7 of the Charter. Sections 241 and 14 prohibited physician-assisted dying for competent adults who sought such assistance as a […]
