This is a continuation of an earlier column about the Report on Murdered and Missing Indigenous Women in British Columbia, Canada which was issued in December 2014 by the Inter-American Commission on Human Rights (“IACHR”) of the Organization of American States.The Report concludes with a series … [Read more...]
Role of the Organization of American States in Canadian Human Rights
Recently, the Inter-American Commission on Human Rights of the Organization of American States (OAS) said that there should be an inquiry in Canada into the country’s missing and murdered indigenous women and girls. The seven-member panel concluded that the disappearances and murders are part of a … [Read more...]
The Right of First Nations Peoples to a Representative Jury
On November 21, 2014, in R v Kokopenace, the Supreme Court of Canada granted leave to appeal a case from the Ontario Court of Appeal (2013 ONCA 389). The case deals with what duty the Ontario government has to ensure that First People who live on reserve are included on jury rolls (list of potential … [Read more...]
Why Canada Should Have a Museum for Human Rights
Recently, the Canadian Museum for Human Rights opened in Winnipeg. It is the first national museum built outside of Ottawa and the only one in the world that is dedicated solely to human rights. The museum was originally envisioned and supported by the late Israel and Babs Asper. Governments … [Read more...]
Prostitution Law in Canada: Will the Charter Dialogue Continue?
Constitutional law experts, such as Peter Hogg, speak about the relationship between the Supreme Court of Canada (SCC) and Parliament as a “dialogue”. Parliament passes a law, which might later be challenged as being contrary to the Canadian Charter of Rights and Freedoms (“Charter”). Often, after … [Read more...]
Human Rights of Transgender Persons
Transgender persons are recognized in medicine as those who are born with the physical attributes of one gender, but who know at a deep level that their physical bodies do not match their inner gender. Federal and provincial human rights laws often protect transgender persons from discrimination in … [Read more...]
Professional Bodies are Subject to Alberta Human Rights Act
A recent Human Rights Tribunal decision, Mihaly v The Association of Professional Engineers, Geologists and Geophysicists of Alberta, 2014 AHRC 1 (CanLII), (“Mihaly”) about the actions of the Association of Professional Engineers, Geologists and Geophysicists of Alberta (APEGGA), has sparked a fair … [Read more...]
Freedom of Association and Collective Bargaining: Are There Justifiable Limits?
For several years, public service employees have been restricted in their right to strike, in order to preserve their “essential” services. However, some argue that recent changes to Alberta’s public service labour legislation unjustifiably interfere with several rights under the Canadian Charter of … [Read more...]
Human Rights and Québec’s Charter of Values
On Thursday, November 7, 2013, the Québec government tabled its Charter of Values, Bill 60. The Bill provides that public body personnel must maintain religious neutrality in the exercise of their functions. It also restricts personnel from wearing objects “such as headgear, clothing, jewelry or … [Read more...]
Human Rights Implications of New Provincial Impaired Driving Laws
Like many other Canadians, I am not terribly sympathetic towards people who drive while impaired, through alcohol, drugs (prescribed or illegal), while texting, or experiencing extreme fatigue. We have a set of laws under the federal Criminal Code of Canada, RSC 1985 c C-46, that address impaired … [Read more...]
