Canada: Human Rights

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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
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
Cook v. Manitoba: Court Recognizes Section 35 Aboriginal Right To Self-government In Child And Family Services
A Manitoba court has certified a class action and granted summary judgment finding that Canada and Manitoba breached First Nations' Aboriginal right to self-government in Child and Family Services. The decision modifies traditional tests for establishing Aboriginal rights and addresses systemic failures in funding, regulation, and culturally appropriate service delivery that substantially impaired Indigenous communities' ability to raise their children within their own cultures and traditions.
Canada Government
MA
MLT Aikins 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
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
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