People with disabilities—as well as other marginalized peoples—are well-aware that ideas presented under the guise of neutrality, rationality, and scientific thought are not necessarily any less likely to propagate hate due to their manner of expression, contrary to the analysis recently provided by the Supreme Court of Canada (“SCC”) in Ward v Quebec (Commission des […]
The Haldimand Tract is the site of a contentious and ongoing land dispute between the Six Nations of the Grand River (“Six Nations”) and the Canadian government. The Haldimand Treaty of 1784 granted a large parcel of land to Six Nations, including what is now Caledonia and Haldimand County (Justin Chandler, “Broken Promises, Unceded Land”; […]
In Disability Rights Coalition v Nova Scotia (Attorney General), 2021 NSCA 70 [DRC], the Nova Scotia Court of Appeal (“NSCA”) made a “ground-breaking” decision upholding the right of disabled Canadians not to be unnecessarily institutionalized. In this decision, the NSCA upheld a finding of discrimination against three individuals who were unnecessarily institutionalized due to a […]
On May 28, 2021, the Supreme Court of Canada (“SCC”) released a unanimous decision in the case of Ethiopian Orthodox Tewahedo Church of Canada St. Mary’s Cathedral v Aga, 2020 SCC 22 [Aga], which revolved around whether expulsion from a church could be reviewed by a court. Overturning the Ontario Court of Appeal (“ONCA”)’s decision, […]
In Longueépée v University of Waterloo, 2020 ONCA 830, the Ontario Court of Appeal (“ONCA”) found that the University of Waterloo (“UW”)’s failure to consider the impact of a prospective transfer student’s previously undiagnosed and unaccommodated disabilities on his prior post-secondary grades discriminated against him on the basis of disability. In making this finding, the […]
[Content warning: this article contains discussion of sexual violence against women with disabilities]. When hearing the appeal in R v Slatter, 2019 ONCA 807 [Slatter (ONCA)], the Supreme Court of Canada (“SCC”) was presented with an opportunity to further the substantive equality rights of women with intellectual disabilities in the criminal justice system, and to […]
2020 was an unprecedented year. The COVID-19 pandemic overtook the world, influencing nearly all aspects of everyday life across the globe. At the time of writing, over 1.8 million people have died from COVID-19, including over 15,000 in Canada, with case numbers continuing to rise. It is impossible to reflect on the events of 2020, […]
In October, the Ontario Court of Appeal (“ONCA”) released its decision in Re Shortt, 2020 ONCA 651 [Shortt] requiring the Government to fund an appropriate community living placement for Mr. Shortt to end his unnecessarily prolonged stay in forensic custody. While Justice MacPherson was clear that this remedy applied only to Mr. Shortt, and that […]
In July, the Federal Court released a long-awaited decision on the constitutionality of the Safe Third Country Agreement (“STCA”). Although the Federal Court (“FC”) found the STCA to be unconstitutional, the Canadian government has already filed an appeal to the Federal Court of Appeal (“FCA”), meaning that a final verdict on whether the STCA violates […]