Photo by MiamiAccidentLawyer from Pixabay 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.). The defense appealed […]
HUMAN RIGHTS | 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 individuals being confronted for not wearing masks, yet […]
HUMAN RIGHTS | 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, CBC reported that Alberta Deputy RCMP Commissioner Curtis Zablocki denied there was […]
HUMAN RIGHTS | 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 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
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
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 […]
Equality Issues and Assisted Death Legislation
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 […]
When is Reinstatement Possible for Employment Discrimination?
A worker experiencing discrimination must choose the legal avenue that will give them the result they want. For example, if pursuing the matter in court, the worker will have to start a contract claim (e.g., wrongful dismissal) or tort claim. One cannot sue in tort for discrimination, but one can sue in tort for the […]
Freedom of Expression at Canadian Universities: A difficult compromise?
Recently, Ontario’s Premier Doug Ford passed a new policy that Ontario universities should adopt free-speech policies, or face receiving less money from the Government. The policies must meet “a minimum standard prescribed by government.” This means that “while members of the university/college are free to criticize and contest views expressed on campus, they may not […]
State Neutrality Does Not Always Result in Substantive Equality
Recently, Quebec Premier François Legault’s government introduced Bill 21 (An Act Respecting the Laicity [Secularism] of the State). Among other things, the Act prohibits public workers in positions of authority (e.g., teachers, police officers, prison guards, Crown prosecutors, government lawyers and judges) from wearing religious symbols (not defined in the Act, but presumably would include […]
