Canada: Human Rights

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Article
Reconciliation In Law: Revisiting Our Coverage Ahead Of September 30
As Canada marks the National Day for Truth and Reconciliation, how has the legal landscape evolved since the Truth and Reconciliation Commission's landmark 2015 report? From the incorporation of UNDRIP into BC law to recent court decisions testing Aboriginal title and DRIPA's legal force, the path from acknowledgment to implementation continues to reshape Indigenous rights and governance in British Columbia.
Canada Government
WG
Watson Goepel LLP
Article
SCC Clarifies When Administrative Errors Are “irregularities” Requiring Annulment Of Election
The Supreme Court of Canada annulled a federal election in Terrebonne, Quebec after a single mail-in ballot went uncounted due to an Elections Canada administrative error—a postal code mistake that directly affected the one-vote margin of victory. In a 6-3 decision, the majority clarified that serious administrative errors can constitute "irregularities" under the Canada Elections Act even without fraud or intentional wrongdoing, fundamentally reshaping how courts balance electoral integrity against v
Canada Litigation
BL
Borden Ladner Gervais LLP
Article
New Yellowhead Institute Report Examines Bill S-2, The Indian Act, And The Question Of Belonging
Bill S-2 remains before Parliament, creating a critical opportunity to examine what legal reform can achieve and what questions must be determined by First Nation governments and communities themselves. Through a relational ethics of care framework, this contribution to Yellowhead Institute's special report explores whether Indian Act amendments should be viewed solely as constitutional compliance or as part of a broader dialogue about relationships, responsibility, and belonging.
Canada Government
JFK Law LLP
Article
Constitutionality Of First Nation Membership Codes
The Indian Act's registration provisions have undergone multiple amendments to address sex-based discrimination, yet many First Nations membership codes still incorporate outdated eligibility criteria from the 1985 Act. Recent court decisions have found these membership codes unconstitutional when they perpetuate the same discriminatory provisions that were challenged and remedied through Bills C-3 and S-3, creating a two-tier citizenship system that disadvantages descendants of female ancestors compared to
Canada Government
MA
MLT Aikins LLP
Article
Indian Status Versus Band Membership: What Is The Difference?
Canada's Indian Act has defined Indigenous identity through registration systems for over 150 years, but the 1985 Bill C-31 amendments fundamentally changed how First Nations determine membership. This article examines the critical distinction between Indian status—a federal legal designation—and band membership, which many Nations now control through their own membership codes, exploring how these parallel systems shape Indigenous identity and rights today.
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
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