Courts in Canada use the Oakes test to decide whether a government’s law, policy or action is justified even though it infringes on someone’s Charter rights.When an individual believes a government’s law, policy or action has infringed on their Charter rights, courts use the Oakes test to … [Read more...]
Student Charter Rights in the Wake of Bill 27
Saskatchewan passed a law requiring students under 16 years to have parental consent before using a new gender-related preferred name or gender identity at school. Alberta is following suit but how does the Charter come into play?The Canadian Charter of Rights and FreedomsThe Canadian … [Read more...]
Provincial Directives for Colleges and Universities: Government overreach?
It looks good on paper: protect student mental health, fight against racism, and ensure that costs are transparent. But is it overreach?Bill 166 ExplainedIn May of 2024, the Ontario government amended its Ministry of Training, Colleges and Universities Act with Bill 166 (the Strengthening … [Read more...]
Privacy and Medical Information in the Workplace
How can we balance an employer's right to know about illness or disability and an employee's right to privacy?EDITOR'S NOTE A version of this article first appeared in LawNow in 2019. It has been reviewed for legal accuracy in 2024 by the author.Requesting medical information from … [Read more...]
Why is Canada a Bilingual Country?
Canada has two official languages: French and English. We always wonder why.EDITOR'S NOTE A version of this article first appeared in LawNow in 2019. It has been reviewed for legal accuracy in 2024 by the author.Canada’s two colonizing peoples are the French and the British. They … [Read more...]
Legal experts dispute the use of federal prisons for refugees
Although Canada has welcomed more than one million refugees since 1980, the challenging path to freedom in Canada continues to be difficult as some newcomers face time behind bars – despite being guilty of no crime at all.Recently, the federal government quietly announced plans to jail … [Read more...]
Right to Protest on Canadian University Campuses
The Canadian Charter of Rights and Freedoms includes the freedoms of expression, peaceful assembly and association. But the courts have not been clear whether the Charter applies to protest encampments at universities.Protest encampments on Canadian university campuses have been dealt with … [Read more...]
Edmonton’s Encampment Case: What does it mean for future cases?
The Coalition for Justice and Human Rights' August 2023 constitutional challenge to the City of Edmonton’s encampment removals did not succeed, but this case wasn't the first of its kind and likely won't be the last.As housing in Canada and Alberta becomes increasingly expensive, many people … [Read more...]
The Protection of Human Rights in Armed Conflicts
During times of armed conflict, international humanitarian law (IHL) and human rights law (HRL) are meant to protect human beings and reduce their suffering.Armed conflicts are happening in various parts of the world. Unfortunately, serious violations of international humanitarian law (IHL) … [Read more...]
Ontario’s Fair Accommodation Practices Act: 70 years later and human rights legislation continues to evolve
1954 saw the passing of Ontario's Fair Accommodation Practices Act and, since then, human rights legislation has evolved across Canada, including with the passing of human rights codes and the Canadian Charter.To a passing tourist in the early 1950s, the town of Dresden might seem like the … [Read more...]
