Category: Human Rights Page 22 of 32

The Repeal of the Long Gun Registry: A Violation of the Federal Government’s Obligations Concerning Violence Against Women?

On December 8, 2011

In Constitutional, Criminal, Family, Human Rights

By: Jennifer Koshan

PDF Version: The Repeal of the Long Gun Registry: A Violation of the Federal Government’s Obligations Concerning Violence Against Women?

Legislation considered: Bill C-19, An Act to amend the Criminal Code and the Firearms Act (“Ending the Long-gun Registry Act”), 41st Parliament, 1st Session

December 6, 2011 was the National Day of Remembrance for Violence Against Women, which marked the 22nd anniversary of the Montreal Massacre. The Globe and Mail‘s Jane Taber indicated that “government MPs [were] purposely shut out from officially speaking at and attending an event on Parliament Hill to honour the 14 young women who were shot dead in 1989,” because the government is about to repeal the long gun registry (see Bill C-19). The Montreal Massacre was one of the pressure points for the registry, as was the use of firearms in crimes of domestic violence. When the Alberta government challenged the constitutionality of the registry, which was implemented via the Firearms Act, SC 1995, ch 39, as an amendment to the Criminal Code, the Supreme Court found that it was properly enacted under the federal government’s criminal law powers (see Reference re Firearms Act (Can.), 2000 SCC 31, [2000] 1 SCR 783 at paras 43, 59). The enactment of the law creating the registry was constitutional; but is its repeal unlawful? I think an argument can be made that the federal government’s abolishment of the long gun registry is unconstitutional on Charter grounds, as well as contrary to international law.

Cost Decision from Canadian Human Rights Commission Case: Implications for Albertans

By Linda McKay-Panos

On November 29, 2011

In Access to Justice, Civil Procedure, Human Rights

PDF version: Cost Decision from Canadian Human Rights Commission Case: Implications for Albertans

Decision considered: Canadian Human Rights Commission v Canada (AG), 2011 SCC 53 (“Mowat“)

The Supreme Court of Canada’s (“SCC”) decision about costs in the Mowat case was released in October, and this will have significant ramifications in cases under the Canadian Human Rights Act, RSC 1985, c H-6 (CHRA). (See my blog on the decision of the Federal Court of Appeal for a discussion of the facts of the case here). The issue of costs in the context of human rights cases is significant, as it may become an access to justice issue, especially in cases with public interest issues.

State Responsibility for Protection against Domestic Violence: The Case of Jessica Lenahan (Gonzales)

By Jennifer Koshan

On October 10, 2011

In Human Rights, International Law, State Responses to Violence

PDF version: State Responsibility for Protection against Domestic Violence: The Case of Jessica Lenahan (Gonzales)

Case considered: Jessica Lenahan (Gonzales) et al v United States, Case 12.626, Report No. 80/11 (Inter-American Commission on Human Rights, August 17, 2011)

On August 17, 2011, the Inter-American Commission on Human Rights (IACHR) released its merits report in the case of Jessica Lenahan (Gonzales) and the United States. The case concerns states’ positive obligations to use due diligence in responding to situations of domestic violence, and is the first such case involving the U.S. to be considered by the IACHR. In what many are calling a landmark decision, the IACHR found that the United States had breached several Articles of the American Declaration of the Rights and Duties of Man in relation to its obligations to Lenahan and her children. This post will summarize the IACHR decision and analyze the implications of the case in Canada, particularly in provinces such as Alberta which have civil domestic violence legislation.

Why Canada should Address Jorge Vinicio Orantes Sosa’s Alleged War Crimes before Extraditing Him to the U.S.

By Emma McAuliffe

On June 29, 2011

In Human Rights, International Law

PDF version: Why Canada should Address Jorge Vinicio Orantes Sosa’s Alleged War Crimes before Extraditing Him to the U.S.

This summer, Jorge Vinicio Orantes Sosa will fight extradition from Alberta to California to face immigration charges. Chief Justice Wittman will preside over the extradition hearing which been set to take place from August 16 to 17, 2011 at the Court of Queen’s Bench. This article suggests why Jorge Vinicio Orantes Sosa should have been first charged and tried in Canada for his alleged participation in war crimes during the Guatemalan civil conflict, before being extradited on lesser immigration charges.

For the Second Time, Federal Court of Canada Judge Sends Mandatory Retirement Case Back to Canadian Human Rights Tribunal

By Linda McKay-Panos

On June 2, 2011

In Human Rights, Labour/Employment

PDF version: For the Second Time, Federal Court of Canada Judge Sends Mandatory Retirement Case Back to Canadian Human Rights Tribunal

Case considered: Air Canada Pilots Association v Kelly and Vilven, 2011 FC 120 (“Vilven and Kelly #2“)

Recently Justice Anne Mactavish of the Federal Court sent Air Canada Pilots Association v Kelly and Vilven, 2011 FC 120 (“Vilven and Kelly #2“), a mandatory retirement case, back to the Canadian Human Rights Tribunal for the second time. I have described the earlier cases here and here.

Previously, the Federal Court found that the Tribunal was in error when it ruled that section 15(1)(c) Canadian Human Rights Act, RSC 1985, c.H-6 (CHRA), which allows mandatory retirement, was not age-based discrimination. The Tribunal determined that section 15(1)(c) was age-based discrimination under the Canadian Charter of Rights and Freedoms (Charter), and that it could not be saved by Charter section 1. Second, the Tribunal held that even if section 15(1)(c) were saved by Charter section 1, Air Canada’s mandatory retirement policy did not come within the exception in the CHRA that allows (age) discrimination where it is a bona fide occupational requirement (BFOR).