La force de la perspective

The Canadian Bar Association

Mariane Gravelle

Carrefour du juriste

Quel est votre « QE »?

Par Mariane Gravelle décembre 8, 2017 8 décembre 2017

Quel est votre « QE »?

 

Martin rencontre pour la première fois un client qu’il va représenter dans sa cause de divorce. Or, plus l’entretien avance et plus l’homme se vexe; Martin a du mal à obtenir des réponses et sa propre frustration monte.

Le client de Catherine est partie à une poursuite, et les négociations de règlement à l’amiable piétinent depuis des semaines. L’avocate a une offre pour l’autre partie, mais redoute que cette dernière ne soit pas très réceptive.

Un climat d’incertitude plane sur le cabinet de Simon depuis l’annonce d’une fusion. Simon étant associé principal, c’est beaucoup à lui qu’il revient de soutenir le moral des troupes pendant la transition.

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CBA advocacy

The CBA intervention in TWU: Lessons from the U.S.

Par Mariane Gravelle décembre 4, 2017 4 décembre 2017

The CBA intervention in TWU: Lessons from the U.S.

 

Hearings in the TWU case are now complete. On Friday, the Supreme Court of Canada heard submissions from over 25 interveners – including the Canadian Bar Association – and heard reply from the appellants and respondents.

Appearing on behalf of the Canadian Bar Association, Susan Ursel of Ursel Phillips Fellows Hopkins LLP presented the CBA’s factum and responded to questions from Justices Brown and Rowe. The CBA’s pro bono counsel also included David Grossman, Olga Redko, and Angela Westmacott (not present in the picture above). Ursel concluded the CBA’s intervention by re-iterating the CBA’s position that “there is a government interest in limiting long-standing discrimination against the LGBT community and while TWU has a right to its belief and covenant, it has no right to state support for same.”

In 2014, CBA members passed a resolution calling on law societies and government to require that admission to law schools be open, without discrimination related to any grounds under s. 15 of the Canadian Charter. The CBA has since intervened at appellate courts in Ontario and Nova Scotia, and has been asked to present arguments and law from the US experience.

Drawing upon that experience, the CBA’s submission states:

Examples from the U.S. jurisprudence illustrate that state actors’ refusal to grant benefits to institutions that maintain discriminatory admission policies can be legitimate even where those policies are characterized as manifestations of the freedoms of religion, expression and association. Particularly where benefits rather than prohibitions are at stake, freedom of religion in the U.S. can yield to a compelling state interest in protecting or vindicating competing fundamental rights such as equality.

Webcasts from both days of hearings have been archived and can be watched here.

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Supreme Court of Canada hears appeals in TWU

Par Mariane Gravelle novembre 30, 2017 30 novembre 2017

Supreme Court of Canada hears appeals in TWU

 


The Supreme Court of Canada (SCC) held the first day of hearings in two concurrent appeals in the case of Trinity Western University’s proposed law school. The appeals, broadcast live here will continue tomorrow to determine whether the Law Societies of Upper Canada (LSUC) and British Columbia acted reasonably in refusing the accreditation of TWU’s proposed law school – a private institution. TWU Counsel Kevin Boonstra, in his opening argument, argued that the Canadian Charter “protects the right to establish communities of faith like TWU.  In order for any religious community to exist and thrive, it has to be able to define itself. In the evangelical context, this includes defining religiously appropriate conduct while individuals are part of the community."

Background

In 2014, three Canadian provinces – Nova Scotia, Ontario and British Columbia – refused accreditation to graduates of TWU’s proposed law school on the basis that a covenant that students were obligated to sign – which requires students to abstain from sexual relations outside of marriage between a man and a woman – was discriminatory towards the LGBTQ population.

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War crimes

Mladić’s genocide and war crimes conviction

Par Mariane Gravelle novembre 23, 2017 23 novembre 2017

Mladić’s genocide and war crimes conviction

 

Former Commander of the Main Staff of the Bosnian Serb Army (VRS) Ratko Mladić, known as the “Butcher of Bosnia” has been convicted of one count of genocide and nine counts of crimes against humanity and violations of the laws or customs of war. The verdict, handed down by the International Criminal Tribunal for the Former Yugoslavia (ICTY), Trial Chamber I, carries a sentence of life imprisonment for Mladić.  Here is the statement from the ICTY:

Mladić was convicted of genocide and persecution, extermination, murder, and the inhumane act of forcible transfer in the area of Srebrenica in 1995; of persecution, extermination, murder, deportation and inhumane act of forcible transfer in municipalities throughout [Bosnia and Herzegovina, or “BiH”]; of murder, terror and unlawful attacks on civilians in Sarajevo; and of hostage-taking of UN personnel. He was acquitted of the charge of genocide in several municipalities in BiH in 1992.

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Immigration law

Confusion over post-graduate work permits

Par Mariane Gravelle novembre 22, 2017 22 novembre 2017

Confusion over post-graduate work permits

What do you do when an institutional error threatens your livelihood and your right to stay in Canada? This is what many international students are now facing due, in part, to a processing error by Immigration, Refugees, and Citizenship Canada (IRCC) and to ambiguous language.

The CBC reports that students, notably in Alberta, Nova Scotia and Ontario, received the distressing news that they may not be eligible to receive a  post-graduate work permit (PGWP). PGWPs allow graduates of Canadian post-secondary institutions to work temporarily in Canada and gain experience that can help them gain their permanent residency.

While the PGWP program is federal, it is up to the provinces to designate eligible institutions and specific programs. The issue in this case stems from the fact that not all post-graduate institutions in Canada – and programs therein – render their graduates eligible for the permits.

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