The case law on disability and discrimination has had its highs and lows over the past decade and a half. A recent decision of the Supreme Court of Canada, Moore v British Columbia (Education) 2012 SCC 61 (“Moore”), provides hope for those with disabilities, particularly learning disabilities, and … [Read more...]
The Canadian Charter of Rights and Freedoms: An Integral Part of our Constitution
This year marks the 30th anniversary of the Canadian Charter of Rights and Freedoms. The Charter has had a significant impact on our governments and courts and it is a part of our Constitution. How does the Canadian Charter of Rights and Freedoms (Charter), the Constitution Act, 1982, Schedule B to … [Read more...]
Sexual Harassment is a Continuing Issue in Canada
Sexual harassment has long been recognized in Canada as a form of gender discrimination. For several years, gender discrimination (which includes discrimination based on breast feeding, sexual harassment, transgender and pregnancy) was the most commonly alleged ground of discrimination in both … [Read more...]
Prostitution in Canada: The Big Picture
Recent developments in Canadian prostitution law prompt an examination of some very important legal, moral and philosophical issues. For many years, the act of selling sex has not been illegal in Canada. However, several activities associated with prostitution are illegal: including communicating in … [Read more...]
UN’s Universal Periodic Review of Canada – What’s in it for Canadians?
Although Canada enjoys a pretty positive reputation internationally, we do have human rights issues here, including the right to housing, women’s inequality and Aboriginal issues, among others. A relatively new initiative, the Universal Periodic Review (UPR), provides Canadians with an opportunity … [Read more...]
Universities, the Charter and Freedom of Expression
The law has always been quite complex about whether (or when) the Charter of Rights and Freedoms (Charter) applies to universities. Recently, there have been several cases involving freedom of expression (Charter s. 2(b)) that have addressed this issue. Charter s. 32(1) says: 32. (1) This Charter … [Read more...]
Mandatory Retirement in Canada Has “Gone the Way of the Kiki Bird” – It’s Very Rare!
One of the first human rights cases I worked on while articling at the Alberta courts involved mandatory retirement. In 1992, Dr. Olive Dickason unsuccessfully challenged the University of Alberta’s mandatory retirement policy (see: Dickason v University of Alberta, [1992] 2 SCR 1103). While Dr. … [Read more...]
Do Canadians Have a Right to Adequate Food?
Individual Canadians generously contribute to food banks. What about the state’s obligation? Do Canadian governments (federal, provincial, municipal) have any legal obligations to address food insecurity? It may come as a surprise, but in Canada we have significant numbers of people who suffer … [Read more...]