THE COURT is the online resource for debate & data about the Supreme Court of Canada.*

Archive For Entries On Human Rights

Upcoming Symposium: Understanding and Taming Public and Private Corruption in the 21st Century

From ex-New Orleans Mayor Ray Nagin being found guilty of corruption in the wake of Hurricane Katrina, to a report finding that the owners of Bangladesh’s Rana Plaza were responsible for a building collapse, to Canadian Senators wrongfully claiming various travel expenses and expenditures, the problems of public and private corruption are a reality in […]

Can Domestic Abuse Victims Qualify as Refugees? – A Comment on Matter of A-R-C-G et al

The recently-released decision of the United States’ Board of Immigration Appeals (“the Board”) in the Matter of A-R-C-G et al., (“Matter of A-R-C-G“), 26 I&N Dec. 388 (BIA 2014) may signal the United States’ growing openness to granting asylum to women who flee from domestic abuse.  While the decision itself may be considered overdue, its reasoning takes a strong critical […]

The Ontario Human Rights Tribunal and the Provincial Implications of Moore v British Columbia

It has been nearly two years since the Supreme Court of Canada (“SCC”) released its unanimous decision in Moore v British Columbia (Ministry of Education), [2012] 3 SCR 360 [Moore]. That decision considered the applicability of human rights legislation within the context of public services delivered to students with disabilities. At the time, commentators questioned the extent to […]

Lawyer Unsuccessful in Discrimination Claim Against Law Firm

The decision of Fasken Martineau DuMoulin LLP v British Columbia (Human Rights Tribunal), 2012 BCCA 313, previously discussed on this site, has now made its way to the Supreme Court. Canada’s highest court has confirmed the result that Mr. McCormick, an equity partner at Fasken, could not succeed in his claim of age discrimination against […]

Poking the Bear? SCC Leaves Prostitution in Hands of Parliament, Striking Down Harmful Laws in Bedford

To end its 2013 sessions, the Supreme Court of Canada (SCC) released its judgment in Canada (Attorney General) v Bedford, [2013] 3 SCR 1101 [Bedford], effectively striking down all of the current laws restricting to autonomous prostitution. I released a preliminary post summarizing the legal basis for the judgment shortly after the decision was released, here. Writing […]

BULLETIN: SCC Releases Landmark Decision in Canada v Bedford, Strikes Down Prostitution Laws

In a surprising turn of events, the Supreme Court of Canada (SCC) released its judgment in Canada (Attorney General) v. Bedford, 2013 SCC 72 [Bedford] as its final case before the holiday break, effectively striking down all of the current laws pertaining to autonomous prostitution. Writing for a unanimous court, Chief Justice McLachlin held that […]

Conservatives Twist Trudeau’s Tweet: Guns, Rights, Judges, and Mandatory Minimums

Further to my bulletin posted here, on November 12, 2013, the Court of Appeal for Ontario (ONCA) has struck down the three-year mandatory minimum sentence for possession of prohibited or restricted firearm (with ammunition either loaded or easily accessible; s. 95 of the Criminal Code) in a series of six decisions. The unanimous decisions come […]

The Supreme Court Gives Leave to Appeal against Mandatory Retirement for Law Firm Partners

Last year, TheCourt reported on a British Columbia Court of Appeal (BCCA) ruling, Fasken Martineau DuMoulin LLP v. British Columbia (Human Rights Tribunal), (2012 BCCA 313). John McCormick, a partner of the firm in Vancouver, had gone to the Human Rights Tribunal to complain about mandatory retirement at age 65.   He won there, and in […]

Stare Decisis and Assisted Suicide: Carter v. Canada at the B.C. Court of Appeal

This past Thursday, the British Columbia Court of Appeal released its decision in Carter v. Canada 2013 BCCA 435, a Charter sections 7 and 15 challenge to the Criminal Code’s prohibition on physician-assisted suicide. In the majority’s view, stare decisis required the court to follow Rodriguez v. Canada, the Supreme Court of Canada’s 1993 decision […]

BULLETIN: B.C. Court of Appeal’s decision in Carter v. Canada to be released today

On June 15, 2012, Justice Smith of the British Columbia Supreme Court effectively created an exception to the Criminal Code to allow for physician-assisted suicide. The trial judgement Carter v. Canada (Attorney General) was discussed briefly in a previous post on The Court. Justice Smith gave Parliament a year to amend the laws surrounding assisted suicide, and the Government of Canada appealed […]