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Cases

Some of our important cases range from the protection of human rights in the area of employment discrimination, prisoner rights, harassment of First Nations, defense of civil rights and advocacy in cases of racial and religious profiling.

Human Rights

Successful application for a declaration that the Prime Minister and Minister of Justice have a duty to advise and consent to the appointment of judges in a timely manner to reduce the unacceptable number of judicial vacancies.

Successful judicial review overturning the Canadian Human Rights Commission’s preliminary dismissal of a discrimination complaint against CSIS because the applicant had previously gone before the National Security Intelligence Review Agency.

Judicial review of the Public Sector Integrity Commissioner’s decision not to investigate Canadian Embassy wrongdoing leading to the murder of an Indigenous human rights defender in Mexico.

Turcanu v. Fitzpatrick

, 2021 ONSC 7656

Successfully defended against a motion to strike a claim alleging harassment and bullying in high performance sporting.

Judicial Review of Canadian Human Rights Commission decision dismissing complaint of employee of Statistics Canada who alleged failure in the duty to accommodate.

Human rights complaint alleging racial discrimination in hiring practices of taxi company.

Human rights complaint alleging retaliation by Department of Aboriginal Affairs and Northern Development against Director of First Nations advocacy organization for having filed a human rights complaint alleging that the inequitable funding of child welfare services on First Nations reserves amounts to discrimination on the basis of race and national ethnic origin.

Breach of procedural fairness in Nova Scotia Human Rights Commission investigation process.

Employee right to pursue arbitration alleging discrimination where employer alleging frustration of contract based on disability.

Federal Court order for Canadian Human Rights Commission to disclose records relating to reasonable apprehension of bias allegation raised by complainant.

Prisoner Rights

Successful judicial review of a Parole Board of Canada decision denying of day parole.

Prisoner transfer case finding the Minister’s conclusion about the applicant’s danger to public safety unreasonable.

Judicial review of a prisoner transfer case from the United States to Canada.

Prisoner transfer case finding Minister of Public Safety was biased in denying prisoner transfer.

Application for prisoner access to parole information during pre-release prisoner fair.

Racial and Religious Profiling

Application to allow Canadian citizen to reenter Canada who was being denied from entry based on United Nations anti-terrorism listing.

Regina v Nur

, 2015 ONSC 7777

Motion to vary search warrant sealing order on the basis of religious profiling.

Discrimination in Employment

Human rights complaint alleging discrimination against members of Raëlian order in respect of delivery of contracts for service.

Judicial review of a denial pay equity adjustment to female nurses who are registered with Ontario First Nations band in comparison to their counterparts employed by the First Nations and Inuit Health Branch of Health Canada (FNIHB).

Judicial review of a denial of reclassification of Immigration and Refugee Board case officer positions based on racial discrimination.

Rights of Immigrants and Non-Citizens

Application to the Federal Court for a declaration to restore Canadian citizenship on behalf of a person born in Canada whose citizenship was removed because of an allegation that his parents were working as domestic staff for foreign diplomats at the time of his birth.

Figueiredo-Currie v. Canada

, 2006 CanLII 67649 (CA IRB)

Jurisdictional argument to prevent deportation order against adopted minor convicted of a serious criminal offense.

Mahjoub (Re)

, 2013 FC 10

One in a series of decisions relating to the review of detention conditions for Mohamed Mahjoub who has been detained under the terms of an immigration security certificate since 2000 without criminal charge and despite the finding that he has committed no criminal act.

Civil Rights Advocacy

Appeal of a Canada Revenue Agency decision denying charitable status to an organization based on unique spiritual and humanitarian values on the ground that it is not a religion.

Motion allowing the examination of corporate board member to answer questions regarding his belief about the pro-Israel orientation of specific individuals with ties to the York University Fourndation.

SAIA v. Carleton University

, 2013 HRTO 112

Complaint by student group alleging discriminatory interference by university administration in respect of its organizing of an event known as “Israeli Apartheid Week.”

Civil action by a citizen assaulted, evicted from Parliament and criminally charged to sue the Senate of Canada upon his successful criminal acquittal.