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?
August 30, 2019 By Linda McKay-Panos
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?
July 4, 2019 By Linda McKay-Panos
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
May 3, 2019 By Linda McKay-Panos
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 […]
Human Rights and Extradition
March 5, 2019 By Linda McKay-Panos
Recently, extradition has been front and centre in our news cycle (see: CBC, January 22, 2019 “China accuses U.S., Canada of abusing extradition in Huawei case”). There are very important human rights aspects to the process of extradition. These are critical to our democracy and the rule of law. For example, if another nation involved […]
