Carter & Assisted Suicide: Where We Stand One Year Later

March 2nd, 2016 by Safia Lakhani

This article was first published on the Ontario Bar Association’s website. It is an update to an earlier article which was first published on Rabble.ca.

February 6, 2016 marked one year since the Supreme Court released its ruling in Carter v. Canada, 2015 SCC 5. That decision struck down the constitutionality of Sections 14 and 241(b) of the Criminal Code, which prohibit assisted suicide, on the basis that they infringed on the individual’s right to life, liberty and security, and the right to equal protection under the law, in a manner that could not be justified under Section 1 of the Charter of Rights and Freedoms. Carter was a departure from the Court’s earlier ruling in Rodriguez, in which the provisions prohibiting assisted suicide were found to violate the individuals’ right to life, liberty and security, but in a manner that was justified under Section 1 of the Charter.

Continue reading “Carter & Assisted Suicide: Where We Stand One Year Later”

Service animals for mental health: An emerging issue in disability law

January 28th, 2016 by Katie Douglas

What to do with Peaches? In 2014, a woman moved in with her common‑law partner in Barrie, Ontario and, while aware that the condominium’s bylaws restricted owners from having dogs over 25 pounds, proceeded to move in with her 40‑pound retriever cross, Peaches. The property manager demanded that she remove the dog and the owner responded with a request for accommodation under the Ontario Human Rights Code, claiming that Peaches was a service dog who supported her with “stress and past abuse issues.” Ultimately, the court evicted Peaches, ruling that the owner had not provided sufficient information about her disability to establish that Peaches was a necessary accommodation.

This case highlights an emerging issue in disability law. Continue reading “Service animals for mental health: An emerging issue in disability law”

2015 … by the numbers

January 7th, 2016 by Iler Campbell

2015

by the numbers

To help ring in the new year, we’re taking a look back at 2015
… by the numbers. 
Take a look!

Wishing you all the best for 2015!

From all of us at Iler Campbell LLP

Because it’s 2015: Calling for gender equality in the legal profession

December 17th, 2015 by Celia Chandler

This post was first published on rabble.ca

“Because it’s 2015″…

was the freshly minted PM’s response to the question, “why gender parity in the cabinet?” And good on him. I think we can all agree that equality of numbers is a start and can set a tone for the rest of society.

I’ve been reminded a few times lately that Justin’s tone of sunny ways regarding gender parity is sadly lacking in the legal profession. Continue reading “Because it’s 2015: Calling for gender equality in the legal profession”

Are GTA Housing Co-ops unfairly impacted by changes in the Ontario Human Rights system?

December 14th, 2015 by Iler Campbell

Celia Chandler is in this issue of the GTA Co-op Network newsletter answering the question “GTA Housing Co-ops are complaining that they are unfairly impacted by changes in the Ontario Human Rights system. Do you think they have a case?”

 

Check it out here. Celia’s article is the last on the page. While you’re there, hit the subscribe button!

The state of assisted-dying legislation after Carter

December 7th, 2015 by Safia Lakhani

This post was first published on rabble.ca

On November 13, 2015, newly elected Prime Minister Justin Trudeau provided his Minister of Justice, Jodi Wilson-Raybould, with a mandate letter. First on the list of priorities is that Ms. Wilson-Raybould “lead a process, supported by the Minister of Health, to work with provinces and territories to respond to the Supreme Court of Canada decision regarding physician-assisted death.”

It has been nine months since the Supreme Court released its ruling in Carter v. Canada, 2015 SCC 5, striking down the constitutionality of Sections 14 and 241(b) of the Criminal Code which prohibit physician-assisted suicide. The Court in Carter departed from the 1993 ruling in Rodriguez, which also dealt with the issue of physician-assisted suicide. In that case, the Court found that the provisions prohibiting physician-assisted suicide violated the individual’s right to life, liberty and security, but in a manner that was justified under Section 1 of the Charter of Rights and Freedoms. By contrast, the Court in Carter found that the offending provisions of the Criminal Code infringed on the individual’s right to life, liberty and security, as well as the right to equal protection under the law in a manner that could not be justified. Continue reading “The state of assisted-dying legislation after Carter”