University of Waterloo Discriminated in its Admissions Decision, Court of Appeal Upholds
- January 11, 2021
- Laura Lepine
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The Ontario Court of Appeal has upheld a decision recognizing that students with disabilities are entitled to substantive accommodation when applying to university.
This decision confirms that university admission processes are not exempt from human rights obligations: where admissions standards adversely impact students with disabilities, universities must accommodate those students, or show that it would be an undue hardship to do so. » Read the rest
Jasmin Simpson Wins: Court Holds Student Loans Programs Violated Her Charter rights
- December 17, 2020
- Laura Lepine
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It took nearly two decades for Jasmin Simpson to get her day in court. It took only two months from the end of submissions for the Court to rule in her favour.
On October 26, 2020, the Ontario Superior Court of Justice held that Ms. » Read the rest
Black Public Servants Allege Discrimination in the Federal Public Service
- December 11, 2020
- Khalid Mahdi
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CBC News has recently reported on a proposed class-action lawsuit by current and former Black Canadian civil servants alleging discrimination in employment on the basis of race. The lawsuit alleges that Black public servants have been repeatedly overlooked for promotions and subjected to a toxic work environments. » Read the rest
Jodhan v Canada – 10 Years Later
- November 30, 2020
- Khalid Mahdi
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Yesterday marked the 10-year anniversary of the 2010 Federal Court of Canada’s decision, Jodhan v Canada, 2010 FC 1197. The Court held that the inaccessibility of public-facing government websites offended section 15 of the Charter of Rights and Freedoms as they were inaccessible to Canadians with vision disabilities. » Read the rest
Does inaction on climate change violate Canadians’ human rights?
- November 16, 2020
- Laura Lepine
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Does inaction on climate change violate Canadians’ human rights? If the Netherlands are any example to follow, the answer may be yes.
In The Netherlands vs Urgenda, the Dutch Supreme Court found that an inadequate response to climate change can violate human rights. » Read the rest
Can you still receive Out-of-country medical funding under OHIP?
- November 13, 2020
- Anoop Kalsi
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Ontarians have been able to seek reimbursement for out of country medical care in certain circumstances. On January 1, 2020 of this year, the Ontario Government eliminated this program. The removal of this out-of-country program was the subject of a legal challenge. » Read the rest
Actual Abilities of Witnesses Matter; Not Stereotypes
- November 13, 2020
- Anoop Kalsi
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In the November 6, 2020 decision of R. v. Slatter, 2020 SCC 36 (link), the Supreme Court of Canada (SCC) confirmed that it is the actual ability of witnesses to recall and recount events that matter most when assessing credibility; this is the case whether the witness has a disability or not. » Read the rest
Ministry of Education Report Regarding ABA at School Pilot Project
- November 9, 2020
- Amanda Dimilta
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In 2017, the Ministry of Education (“MOE”) created what was intended to be a 1-year pilot project for the 2017-18 school year titled “Pilot to Improve School-Based Supports for Students with Autism Spectrum Disorder”. You can read about the initiative here. » Read the rest
Can You Get Your Bonus If You Are Wrongfully Terminated?
- November 4, 2020
- Khalid Mahdi
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In its recent decision: Matthews v. Ocean Nutrition Canada Limited, 2020 SCC 26 [Matthews], the Supreme Court of Canada confirmed that employees can receive bonuses and other benefits after being dismissed if they are payable during the reasonable notice period and if the contract does not preclude such payments. » Read the rest
(In)Accessibility in the Legal Profession
- November 3, 2020
- Khalid Mahdi
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Among key factors that shape the ability of Canadians to access justice, the physical accessibility of courthouses is too crucial an issue to be overlooked. For lawyers with disabilities, the inaccessibility of provincial courthouses is not simply an issue of physical access, but also the ability to participate as members of the legal profession. » Read the rest