The British Columbia Human Rights Tribunal released a screening decision about a customer's complaint of having to wear a mask in a store. Recently, the British Columbia Human Rights Tribunal declined to accept a complaint in a case called The Customer v The Store, 2021 BCHRT 39 (The Customer). … [Read more...]
Advancing the Human Rights to Water and Sanitation under International Law: Human rights vs. investor rights
While international mechanisms are increasingly recognizing the human rights to water and sanitation, states must take action too. Concerns about the human rights to water and sanitation (HRWS) under international law have gained increasing attention in recent years. In Canada, ongoing water … [Read more...]
Can Canada Effectively Address Hate and Racial Discrimination on Social Media?
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 … [Read more...]
SCC Rules on Intellectual Disabilities and Equality
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 … [Read more...]
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 … [Read more...]
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, … [Read more...]
The Right to Housing as a Human Right
International human rights law acknowledges everyone’s right to an adequate standard of living, which includes the right to adequate housing. Many international legal instruments protect the right to adequate housing, including: the Universal Declaration of Human Rights (Article 25); the … [Read more...]
Canada Opens its Courts to Overseas Human Rights Abuses
On February 28, 2020, the Supreme Court of Canada refused to strike damages claims for international human rights abuses and Canadian torts by three former workers at a Canadian majority-owned mining company in Eritrea. In the five-to-four majority decision in Nevsun Resources Ltd v Araya, the court … [Read more...]
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 … [Read more...]
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 … [Read more...]
