Canada: Human Rights

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Government regulation and public sector law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as fiscal and monetary policy, human rights, foreign investment, government contracts and procurement, and constitutional and administrative law.
Article
Public Power Cannot Be Walled Off From Court Oversight: What Democracy Watch Means For Aboriginal Consultation And Environmental Decision-Making
The Supreme Court of Canada’s recent decision in Democracy Watch v. Canada (Attorney General)[1] brings renewed focus to a familiar feature of administrative statutes: provisions known as “privative clauses,” which seek to limit court oversight of the legality of actions and decisions taken by statutory bodies such as administrative boards and tribunals.
Canada Government
JFK Law LLP
Article
Alberta Human Rights Tribunal Found To Have Jurisdiction Despite Parallel Union Grievance
In Haynes v Alberta (Human Rights Commission and Tribunal), 2026 ABKB 575 [Haynes] the Court of King’s Bench took a closer look at the discretion held by the Director of the Commission and the Chief of the Commission and Tribunals, and it provided further clarity on a complainant’s ability to proceed before the Tribunal when they have other more appropriate forums available for resolution.
Canada Government
BR
Bow River Law
Article
Charting A Path Forward: Considerations When Drafting A Membership Code
First Nations in Canada have the authority to establish their own membership systems independent of the Indian Act. This article examines three primary models for defining community membership—ethnic, civic, and residency—and explores how Indigenous communities can draft membership codes that reflect their values while avoiding historical discrimination and ensuring legal compliance.
Canada Government
MA
MLT Aikins LLP
Article
Accommodating Temporary And Seasonal Employees: Legal Tips For Summer Staffing
Summer is peak season for many Ontario employers. Tourism operators, restaurants, retail stores, camps, agricultural businesses, and recreation facilities all rely heavily on temporary and seasonal workers to meet demand. While these roles may be short‑term, the legal obligations toward these employees are anything but casual. Ontario’s employment and human rights laws apply to temporary, seasonal, part‑time, as well as full‑time staff.
Canada Employment
PH
Piccolo Heath
Article
Probation Is Not A Free Pass: HRTO Finds Termination Tainted By Failure To Investigate
The Human Rights Tribunal of Ontario (the “Tribunal”) recently reaffirmed the central importance of the duty to investigate in the workplace. In Dabbagui v. AV Terrace Bay, 2026 HRTO 784, the Tribunal found that an employer’s failure to meaningfully investigate allegations of workplace discrimination before terminating a probationary employee resulted in a breach of the Human Rights Code (the “Code”).
Canada Employment
F
Fasken
Article
Alberta Court Of Appeal Confirms That Specific Evidence Is Essential To Establish Standing Before The AER
The Alberta Court of Appeal has reinforced the evidentiary requirements for Indigenous groups seeking standing before the Alberta Energy Regulator, clarifying that specific evidence demonstrating how a proposed approval could directly affect the exercise of Indigenous rights is essential. This decision addresses the intersection of regulatory standing requirements and Indigenous rights claims, while also examining the role of cumulative effects in establishing standing for regulatory appeals.
Canada Government
D
Dentons Canada LLP
Article
Bay Du Nord Approval Upheld: Practical Guidance For Major Project EAs, Indigenous Consultation, And Judicial Review
The Federal Court of Appeal's decision in Sierra Club Canada Foundation v Canada examines the boundaries of environmental assessment jurisdiction and Indigenous consultation requirements in major offshore oil projects. This case explores how territorial limits, practical assessment constraints, and the timing of raised concerns shape the scope and defensibility of federal impact assessments, offering critical guidance for future project approvals under Canada's Impact Assessment Act.
Canada Environment
GW
Gowling WLG
Article
Beyond Nominal: Recouping Damages from Evasive Trademark Infringers
Lenczner Slaght, Canada's leading litigation firm, celebrates its seventh consecutive year as Litigation & Dispute Resolution Boutique Law Firm of the Year at the 2026 Canadian Law Awards. The firm welcomes 11 exceptional law students for summer positions and honors Sahar Talebi with the 2025 Dual JD Transnational Leader Award for her outstanding international contributions to the legal profession.
Canada Litigation
LS
Lenczner Slaght LLP
Article
Shifting High-Speed Rail Corridor Plans And Key Indigenous Concerns Addressed In Alto's "What We Heard Report"
On June 22, 2026, Minister of Transport Steven MacKinnon and Alto President and CEO Martin Imbleau announced updates to Canada's high-speed rail corridor plan, introducing a new southern route option that may include Kingston as a stop. This development raises important questions about Indigenous consultation, land rights, and environmental impacts, particularly given the potential overlap with Williams Treaties lands and the concerns expressed by First Nation communities about meaningful participation in d
Canada Government
FR
Fogler, Rubinoff LLP
Article
Permis De Propriétaires De Taxi : La Cour D’appel Se Prononce Sur La Portée De L’arrêt Annapolis En Droit De L’expropriation Québécois
Plus tôt cette année, la Cour d’appel du Québec (la « Cour ») a rendu sa décision dans l’affaire Procureur général du Québec c. Metellus (l’« arrêt Metellus »), où elle devait déterminer si l’abolition du régime des permis de propriétaires de taxi constituait une expropriation déguisée ouvrant droit à une indemnité. Ce faisant, elle a traité de la portée de l’arrêt Annapolis, rendu par la Cour suprême du Canada en 2022, en droit de l’expropriation québécois.
Canada Litigation
L,
Langlois Lawyers, LLP
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