Equality
“Unsolicited, unnecessary, and contrary to stare decisis“: Dissent Criticizes SCC’s Majority Opinion in R. v. Sharma
In R v Sharma, 2022 SCC 29 [“Sharma”], the Supreme Court of Canada [“SCC”/”the Court"] upheld the constitutionality of provisions that restricted the availability of conditional sentences. This decision marks a break from the SCC’s recent trend of overturning amendments to the Criminal Code, RSC 1985, c C-46 [“Code”] made during the Harper era. Conditional […]
A Duty to Tolerate? SCC on Free Expression in Ward v Quebec
No person has the right not to be offended. Every person, however, has the right to the safeguard of their dignity—at least in Quebec. How this right balances against another’s right to free expression was at issue in Ward v. Quebec (Commission des droits de la personne et des droits de la jeunesse), 2021 SCC […]
ONCA Advances Pay Equity Legislation Enforcement of Proxy Method in Ontario Nurses’ Association v Participating Nursing Homes
On March 9, 2021, the Ontario Court of Appeal (“ONCA”) ruled in favour of Ontario Nurses Association (“ONA”) and Service Employees International Union (“SEIU”) Local 1 on the pay equity case Ontario Nurses’ Association v Participating Nursing Homes, 2021 ONCA 148 [ONA v PNH]. The case was a judicial review of the Pay Equity Hearings […]