Positive and Negative Rights Strike Again: Mathur v. Ontario
The distinction between positive and negative rights continues to complicate, and defeat, constitutional recognition of social justice issues for Canadians. While many (convincingly) refute the relevance of this distinction, and...
Transphobia at the highest level: UN Special Rapporteur Reem Alsalem’s report on Violence Against Women and Girls in breach of the Special Mandate Code of Conduct
In June 2025, the UN Special Rapporteur on violence against women and girls, Reem Alsalem, released a report entitled “Sex-based violence against women and girls: new frontiers and emerging issues”...
Clicks & Consent Across Borders: Briskin v. Shopify and the Global Reach of Privacy Rights
Can a technology company based in Canada be sued in California for allegedly violating Californian privacy laws? In Briskin v Shopify, the Ninth Circuit Court of Appeals said yes. The...
Does Excluding Refugee Claimants from Subsidized Childcare Violate the Right to Equality? Supreme Court of Canada Considers Appeal in Quebec v Kanyinda
Refugee claimants – and women refugee claimants in particular – are among the most vulnerable members of society. Does excluding them from access to subsidized childcare amount to discrimination based...
Women in Constitutions – Podcast Series
https://ohrh.law.ox.ac.uk/wp-content/uploads/2024/10/Compilation-Women-in-Constitution.mp4 Virtually all constitutions guarantee women’s right to equality, yet, there is a rise in backlash against legal, political, economic, social and cultural efforts to achieve women’s equality. This podcast...
Women in Constitutions – The Canadian Constitution with Jennifer Koshan
Oxford Human Rights Hub · Women in Constitutions – The Canadian Constitution with Jennifer Koshan Virtually all constitutions guarantee women’s right to equality, yet, there is a rise in backlash...
Military Justice in the Spotlight (Again): R v Edwards in the Supreme Court of Canada
Military justice is in the spotlight again with the Supreme Court of Canada’s judgment in R v Edwards [2024] SCC 15, where the majority upheld the constitutionality of Canada’s military...
Le jugement de la Cour d’appel du Québec sur la Loi 21 : le futur incertain des droits fondamentaux
Le 29 février 2024, la Cour d’appel du Québec a confirmé la constitutionnalité de la Loi sur la laïcité de l’État, mieux connue sous le nom de « Loi 21...
The Quebec Court of Appeal’s Ruling on Bill 21: The Uncertain Future of Fundamental Rights
On 29 February 2024, the Quebec Court of Appeal upheld the validity of the Act respecting the laicity of the State, better known as “Bill 21.” This law, passed under...
The Fundamental Rights of Trans and Nonbinary Minors in Schools: Challenges in Canada
The pernicious instinct to roll back the rights of trans and nonbinary folks for political gain has drifted north from the USA to Canada. Three provinces have recently announced reductions...
Canadian Youth Climate Action Challenge Proceeds to Trial: La Rose v His Majesty the King
As frustration with government inaction grows, youth, especially young women, are occupying positions of leadership and taking governments to court to leverage change. In Canada, where climate change effects are...
Parental Leave, Equality and Dignity in South Africa: One Step Forward, Two Steps Back
On 25 October 2023, the Johannesburg High Court of South Africa in Van Wyk v Minister of Employment and Labour [2023] ZAGPJHC 1213 declared certain provisions of the Basic Conditions...
