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Archive For Entries On Human Rights Update: Sentencing for the Murder of Officer Garrett Styles

Sentence Handed Down Recently, published an analysis of how the court might rule in the case of R v SK. On November 16, 2015, Superior Court Justice Alex Sosna rendered his sentence for the now 19-year old man who was convicted for the first-degree murder of York Regional Police Officer Garrett Styles. Justice Sosna […]

Canada v Esfand: The Politics of Refugee Law

With the intensification of the Syrian crisis, refugees have been much in the news lately. Refugees also became a quasi-central issue during the earlier part of the 2015 Canadian federal election campaign. The past 9 years of Conservative government have proven transformational for Canada’s refugee and immigration system, some would argue for the worst. In […]

Youth Sentencing and The Death of Officer Garrett Styles: Punishing with a Cause?

Within a few weeks, Ontario Superior Court Justice Alex Sosna will deliver his sentence in one of the most prolonged and closely watched youth offender cases in Canadian history. He will have to decide the appropriate punishment for a now 19-year-old whose actions led to the death of a York Regional Police constable over four […]

Establishing Discrimination in Quebec v Bombardier Inc

Human rights law is one of the most fast-evolving and dynamic areas of law. With the fabric of Canadian society evolving at a rapid pace, legislators and decision makers are grappling with increasingly nuanced and socially sensitive human rights disputes. The need for a clear, concise, and coherent approach to discrimination is therefore paramount. The […]

Veils, Oaths, and Canadian Citizenship: Ishaq v Canada

On February 6, 2015, in the well-publicized decision of Ishaq v Canada (Minister of Citizenship and Immigration), 2015 FC 156 [Ishaq], the Federal Court ruled that it was unlawful for the Canadian Government to ban new citizens from reciting the citizenship oath with a face-covering veil. Since the decision was released, the Harper Government has […]

Ontario Court of Appeal Says Housing Rights Case Can’t Proceed: Tanudjaja v Canada

Ontario housing activists were disappointed by a December ruling from the Ontario Court of Appeal. In a 2-1 decision, the court decided that the pleadings in Tanudjaja v Canada, 2014 ONCA 852 [Tanudjaja], did not present the bench with a justiciable issue, upholding a lower court decision to strike the application. The application had asked the court […]

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 […]