Human Rights

Buried Alive: The Human Rights Implications of Compulsive Hoarding in the Landlord-Tenant Context

January 27th, 2014 by Iler Campbell

Lauren Blumas, our articling student, has an article in the current issue of the Canadian Journal of Poverty Law. Read her article here (pdf).

 

Supreme Court ruling stirs national debate on sex work

January 6th, 2014 by Priya Sarin

On December 20, 2013, the Supreme Court of Canada released a landmark decision on Canada’s prostitution laws (Canada (Attorney General) v. Bedford). This decision represents a huge victory for Canada’s sex workers by recognizing that the existing legal framework increases the risk of harm to the lives and safety of individuals working in the industry. The decision has, however, quickly become controversial with anti-prostitution advocates vigorously arguing that the Court has effectively endorsed the exploitation of women. This criticism is misdirected because the Bedford decision is not about whether prostitution should be legal in Canada — prostitution has always been legal here. If you don’t like it, complain to Parliament.

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Reparation after the Bangladesh garment factory disaster

September 26th, 2013 by Kirsten Iler

In the wake of the Rana Plaza factory collapse in Bangladesh this April, the corporations who use the factory expressed grave concern for the deceased workers and their families and committed to helping them.

Built on swampland outside the capital city of Dhaka and housing five factories, when the Rana Plaza building collapsed, 1,100 workers were killed and 1,900 injured. Most of the workers, and thus the victims, were women.

Although one of the world’s worst industrial disasters, to date only one retailer has given compensation to the victims of the Rana Plaza disaster.

No agreement was reached at the recent Geneva meetings to address compensation, which many called a failure. Meanwhile, trade unions report that many victims and their families are barely surviving and may lose their homes.

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Canadian mining company may be held liable for human rights abuses committed abroad by its foreign subsidiaries

August 13th, 2013 by Priya Sarin

On July 22, 2013, Justice Brown of the Ontario Superior Court of Justice released her decision on whether or not related lawsuits against three mining companies, Hudbay Minerals Inc. (“Hudbay”), HMI Nickel Inc. (“HMI”) and Compañía Guatemalteca de Níquel S.A. (“CGN”), would be permitted to proceed (the “Hudbay Actions”). The defendants brought preliminary motions in March of this year to strike each of the claims on the basis that they disclosed no reasonable cause of action. As discussed below, Justice Brown quite rightly dismissed all three of the defendants’ motions. This is a groundbreaking decision because it will result in the first time that an action is litigated in Canada on the question of whether a Canadian parent company (i.e. Hudbay) can be held liable for the actions of its subsidiaries abroad (i.e. CGN and HMI) and, moreover, it recognizes that such a finding is in fact possible.

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Free Webinar on Policy on Competing Human Rights

July 19th, 2013 by Iler Campbell

Ontario Human Rights Commission is offering a free webinar on its Policy on Competing Human Rights. The policy provides importance guidance on what to do when to accommodate the rights of one person leads to a possible breach of the rights of another.

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Understanding foreign worker issues: Intra-company transfers vs. temporary foreign worker programs

May 31st, 2013 by Laura Bowman

A large number of migrant worker issues have been discussed in the media lately.  However, there are different migrant worker programs in Canada, and these give rise to different legal and policy issues. Unfortunately, the press has referred to all programs as the “temporary foreign worker” program and has failed to explain the different categories and processes involved. Calling these programs a “temporary foreign worker program” is vague; it is like saying there is an “environmental program” rather than a collection of laws that govern the use and treatment of the natural environment in its various forms.

The entry of temporary foreign workers is guided by Immigration and Refugee Protection Act regulations and the general provisions of the Temporary Foreign Workers Guidelines, and is supplemented by provisions contained in international trade agreements for citizens of signatory countries.

Many of the recent controversial transfers rely on the “intra-company transfer” program. The intra‑company transfer program originated under NAFTA and it has become even more explicit recently. This program is very popular with employers who exist as a “multi‑national” corporate entity.

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