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Articles | Judy Feng | June 28, 2012
House of Commons votes to repeal “hate messages” section of the Canadian Human Rights Act

Category: The Charter, Fundamental Freedoms (Section 2), Human Rights

In June 2012, the House of Commons passed Bill C-304, which would amend the Canadian Human Rights Act[1] by repealing section 13 of the Act. Section 13 makes it a “discriminatory practice” to communicate hate messages by telephone or on the Internet.[2] Sponsored by Brian Storseth, Conservative

Articles | Ken Dickerson | December 7, 2009
The Boissoin v. Lund Decision: If Alberta’s Hate-Speech Law is Constitutional, What Does It Actually Prohibit?

Category: Human Rights

On December 3, 2009, the Court of Queen’s Bench of Alberta issued its decision in Boissoin v. Lund.[1] This decision is a judicial review of a 2007 ruling of the Human Rights Panel of Alberta, and of the panel’s 2008 decision on

Articles | Ken Dickerson | September 17, 2009
The Issues in Boissoin v. Lund: Expression and Discrimination under Alberta Human Rights Law

Category: The Charter, Fundamental Freedoms (Section 2), Human Rights

On September 16-17, 2009 the Alberta Court of Queen’s Bench heard arguments about the constitutionality of a controversial section in Alberta’s human rights code. This article fills in the background to the dispute and outlines the constitutional arguments, based on

Articles | Dan Shouldice | July 27, 2009
Refusal to Perform Same-Sex Marriage Costs Sask. Marriage Commissioner $2500

Category: The Charter, Fundamental Freedoms (Section 2), Human Rights

A Saskatchewan marriage commissioner who refused to perform a same-sex marriage ceremony has lost his appeal of a Human Rights Tribunal decision which ordered him to pay $2500 to one of the grooms. Saskatchewan’s Court of Queen’s Bench ruled that,

Articles | Chris Younker | June 19, 2009
The Canadian Human Rights Act & Freedom of Speech: On Parliament’s To-Do List?

Category: The Charter, Fundamental Freedoms (Section 2), Human Rights

The Canadian Human Rights Commission (CHRC) recently commented on proposals to amend the Canadian Human Rights Act[1] (CHRA) from law professor Richard Moon.[2] In his report, Moon called for the elimination of section 13 of the CHRA, which regulates the use of hate speech

Articles | Terry Romaniuk | December 2, 2008
National Press Celebrates the Prospect of Police Investigations

Category: Human Rights

Promoting hatred is a criminal offence under the hate propaganda sections of Canada’s Criminal Code (318 through 320.1).[1] Allegations made under those sections are investigated by police officers and prosecuted by Crown prosecutors. This means that guilt in those cases must be

Articles | Terry Romaniuk | December 1, 2008
One Disability, One Airfare

Category: Human Rights

On November 20, 2008 the Supreme Court of Canada dismissed an appeal in Air Canada et al. v. Canadian Transportation Agency et al.[1] The decision means that air carriers and airports must accommodate persons with disabilities, even if doing so requires the

Articles | Jonathan Maryniuk | November 17, 2008
Dancer Claims Age Discrimination

Category: Human Rights

An exotic dancer has filed a discrimination complaint with the Ontario Human Rights Tribunal. Kim Ouwroulis, 44, complained that the strip club she worked at fired her due to her age. She had worked there 4 years before being fired.

Articles | Alexandra Bailey | June 19, 2008
Transformations in Funding for Sexual Reassignment Services

Category: Human Rights

In 1998, Ontario’s previous Progressive Conservative government removed sexual reassignment surgery (SRS) from the list of covered procedures by the province. [1]Complaints were made to the Ontario Human Rights Commission, but in recent history, the Commission has largely deferred to the

Articles | Natasha Dubé | June 16, 2008
Olympics and Equality Rights: Is VANOC Above the Law?

Category: The Charter, Equality Rights (Section 15), Human Rights

The Olympic Charter is the governing document of the International Olympic Committees (IOC), setting out its responsibilities and obligations regarding a variety of things such as venues, trademarks and the values of the Olympics. One of the fundamental principles of

Articles | Nayha Acharyra | April 5, 2008
Seeking guidance from the Supreme Court: Is Worker Drug Testing Okay?

Category: Human Rights

The Alberta Human Rights Commission is turning to the Supreme Court to set the standard for drug and alcohol testing in the employment context. Currently, there are conflicting views on drug and alcohol testing for workers between Alberta and Ontario, causing

Articles | Daina Young | June 20, 2007
Provision Barring Human Rights Complaints is Constitutional

Category: The Charter, Equality Rights (Section 15), Human Rights

In a decision dated June 6, 2007 the British Columbia Court of Appeal ruled that s. 62(1) of the Canadian Human Rights Act (CHRA) does not violate the equality rights guaranteed in s. 15(1) of the Charter. The provision in question bars individuals from making a complaint

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