Ward: A Missed Opportunity for the Supreme Court of Canada to Denounce Bullying of Children with Disabilities and to Promote Substantive Equality
On October 29, 2021, the Supreme Court of Canada (SCC) rendered a 5-4 judgement that strengthens protection for freedom of expression while eroding the right of persons with disabilities to...
Canada’s Failure: Climate Change and International Human Rights
“While I was breathing in wildfire smoke last month with Vancouver’s air quality rated worst in the world, Canadian government lawyers were preparing arguments to silence me.” This statement was...
What Price Comedy? Freedom of Expression and Dignity Clash at Canada’s Supreme Court
The boy with a subwoofer on his head. When I complained that he sang badly, I was told “He’s dying. Let him live his dream.” It’s been five years…and he’s...
Uber v Heller and the Prospects for a Transnational Judicial Dialogue on the Gig Economy – II
In the coming days, labour lawyers from around the world will be tuning in to watch the arguments in Uber v Aslam. In terms of the wider ramifications of the...
Uber v Heller and the Prospects for a Transnational Judicial Dialogue on the Gig Economy – I
Across the world, Gig employers are now facing a legal reckoning in the highest courts. On 21st July, the issue of whether Uber drivers are ‘workers’ will be considered by...
COVID and the Constitution: Breaking Down Canada’s First Pandemic Charter Challenge
On May 5th Newfoundland and Labrador (NL) adopted the strictest pandemic border restrictions in Canada. Through Bill 38, all non-residents were barred entrance into the province. The law included exceptions...
Does State laicity in Québec breach gender equality?
The ongoing debate on State laicity in Québec recently took a new twist before the courts. Shortly after the enactment of the new Act respecting the laicity of the State,...
Foodora Couriers are ‘Dependent Contractors’ Rules Ontario Labour Relations Board
In August 2019, couriers working for Foodora Inc. (Foodora), a web services company that provides an online marketplace platform connecting consumers to restaurants, voted on whether to join the Canadian...
Vaccines and the Notwithstanding Clause: an Unnecessary Creation of a Dangerous Precedent
On November 22, 2019, the provincial government of New Brunswick (Canada) announced it would be employing the notwithstanding clause for the first time. This follows the most recent and public...
Canada’s Notwithstanding Clause: An Overlooked Threat to Minority Rights
The notwithstanding clause, also referred to as section 33 of Canada’s Constitution, has been described as a ‘uniquely Canadian invention’. This clause provides provincial and federal legislatures the ability to...
Prorogation: A View from Canada
Just over a decade ago, large numbers of Canadians turned to Google’s search engine’s algorithm to shed light on a political crisis named after a parliamentary procedure most people had...
Canadian Children have a Reasonable Expectation of Privacy at School
In R. v. Jarvis, the Supreme Court of Canada confirmed that children can reasonably expect that they will not be the subject of surreptitious recording by their teachers at school....
