The Supreme Court of Canada (“the Court”) has recognized that expression promoting equality by countering harmful speech is worthy of heightened protection because of its relation to Canadian Charter of Rights and Freedoms [Charter] s. 15(1) values, which bring it closer to the core values animating s. 2(b).
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 […]
Introduction The fight for pay equity has recently made headlines both around the word and here at home. In early 2018, Iceland passed legislation mandating that companies of 25 or more employees must prove that women are being paid fairly in comparison with their male counterparts or risk penalties and fines. Closer to home, the […]
Author's Note: This article and the linked case discuss sexual violence and violence against women that may be upsetting to readers. Introduction Myths and stereotypes about consent, women’s sexuality, and sexual assault are very much alive and well within criminal proceedings. In an attempt to mitigate the ill effects of these stereotypes, Parliament has enacted […]
Nearly three years after the Supreme Court (“the Court”) issued its ground-breaking judgment in Canada (Attorney General) v. Bedford, 2013 SCC 72 [Bedford] and two years since the federal government passed Bill C-36, the Canadian polity remains mired in philosophic, moral, and political debate surrounding the acceptability of sex work. The Protection of Communities and […]
Harper nominates our next SCC Justice With Justice Morris Fish resigning from the bench on August 31 2013, speculation mounted on who would take his place as the next Supreme Court Justice. Well everyone, the nomination is in. On Monday September 30 2013, Prime Minister Harper announced that he has nominated Justice Marc Nadon to […]
In a decision handed down on January 25th, 2013, the Supreme Court of Canada dealt with a Charter challenge to certain spousal support and property division articles in the Québec Civil Code. These provisions only applied to married or civil union spouses and it was argued that these provisions were unconstitutional under section 15(1) of […]
On November 8th, the British Columbia Court of Appeal ("BCCA") released its decision in Friedmann v MacGarvie, 2012 BCCA 445 [Friedmann], stating that sexual harassment constitutes sex discrimination. While one might assume that this would be an obvious conclusion, the case is thought-provoking because of the role played by “differential treatment” in the discrimination analysis. The […]
On October 10th, 2012 the Supreme Court of Canada ("SCC") heard arguments in the case of Ivana Levkovic v Her Majesty the Queen. The next day, the SCC heard arguments in the case of Her Majesty the Queen v ADH. Both cases involved women who had left their foetuses after giving birth. In Levkovic, the […]