February 2011 e-bulletin

The case arose out of a personal letter written by a lawyer, Doré, to a judge.  The strongly worded letter, which Doré explicitly noted he was sending privately, raised significant concerns about the way in which he had been treated in the judge’s courtroom.  In addition to sending this letter, Doré also wrote to the Chief Justice of the Court and complained to the Canadian Judicial Council.  As a result of this complaint, the judge was reprimanded for his treatment of Doré.  However, the private letter that Doré wrote to the judge was passed along to the Chief Justice who then sent it to the Québec Barreau, the organization that regulates lawyers in the province.  After review of the matter by the Barreau, Doré was suspended from practicing for 21 days.  In the Barreau’s view, the letter violated the professional code of lawyers which requires that their conduct “bear the stamp of objectivity, moderation and dignity”.  The matter wound its way through the courts and was heard by the Supreme Court on January 26, 2011.  Judgment was reserved.

The CCLA thanks lawyers Sylvain Lussier, David Grossman, Julien Morissette and Annie Gallant of Oslers LLP for their representation in this case.

On January 11, 2011 CCLA intervened in J.N. v. Durham Regional Police Service, a case involving when police can retain information about criminal charges that do not result in convictions for the purpose of inclusion in a criminal background check.

In 2006, J.N. was charged with common assault following a family argument. The charge was not laid until roughly three months after the alleged incident and s/he consistently maintained that the allegations made against her/him were false. When J.N.’s case made its way to court, the charge against her/him was withdrawn outright at the request of the Crown. J.N. has never been charged with another offence either before or after the incident at issue in this case. In spite of these facts, the Durham Police have refused to remove references to the withdrawn charge from its background check report forms, which are frequently required as part of employment and volunteer hiring processes.

CCLA is concerned that information about non-conviction dispositions surfaces far too often in background checks. This can unduly prejudice the future of individuals who have never been proven guilty of a criminal offence. Unfortunately, this is an issue of growing importance, as requests for criminal background checks are becoming increasingly common. In its submissions to the court, CCLA urged the court to suggest that this type of information should only be included in background checks in exceptional circumstances. CCLA was represented by David Rose of the firm Neuberger Rose and thanks him for his excellent work in this case.

On January 19, 2011, the Halton Catholic District School Board in Ontario voted 8-2 to rescind its ban on Gay-Straight Alliance Clubs.  The ban had been introduced a few months previously by an outgoing Board.  Gay-Straight Alliance Clubs are organizations meant to bring together students of all sexual orientations, to discuss issues of sexual identity and sexual politics, and to provide a “safe space” for lesbian, gay, bisexual, and transgender youth.  Coming as it did in the wake of intensive and vigorous criticism of the previous Halton policy, the vote to rescind the ban was welcomed by CCLA and many others.
The night of the vote, the Halton school board building in Burlington was filled with concerned community activists, representing both the gay and local Roman Catholic communities.  There was standing-room only in trustees’ meeting chamber, with overflow into the hallways.  Before the vote, a delegation of students from the Halton Catholic high schools spoke to the Board on why they want the right to form Gay-Straight Alliances.  The students cited issues of anti-gay violence in the schools, and the widespread phenomenon of gay youth suicide.

Noa Mendelsohn Aviv, Director of CCLA’s Equality Program, explained the CCLA’s position, emphasizing the negative implications of the ban for students’ equality rights and freedoms of expression and association. “I would submit that there is something problematic from a freedom of expression perspective and an equality perspective if a group is prohibited from stating who they are,” Mendelsohn Aviv said in an interview published in XTRA! (Toronto’s lesbian, gay, bisexual, and transgender bi-weekly).

After rescinding the ban, the Halton Board voted to replace it with a template “equity policy” written by a consultancy group for Catholic school boards.

CCLA will remain vigilant in watching how this policy is implemented.

CCLA has put out an open invitation to youth to contact CCLA for assistance if they encounter obstacles in the formation of Gay-Straight Alliances or other explicitly positive LGBTQ clubs

Thursday, February 3rd 2011

University of New Brunswick – Faculty of Law

Mary Louise Lynch Room (2a), Ludlow Hall

Public Lecture – 11:30 a.m.

with Nathalie Des Rosiers, CCLA General Counsel

National Research Centre Forum

Sharing Truth – Creating a National Research Centre on Residential Schools

March 1-3, 2011 at the Sheraton Vancouver Wall Centre, Vancouver, BC

Canada’s Residential School system lasted 150 years. Aboriginal families continue to feel its negative impacts today. As part of the Truth and Reconciliation Commission’s mandate to educate Canadians about Residential schools and their legacy, a National Research Centre will be established.

On behalf of the Truth and Reconciliation Commission of Canada (TRC), the Commissioners are extending a rare opportunity for attendees to bear witness to the advice, vision and experiences of international colleagues who have worked with Indigenous collections or Truth Commissions.

Those international colleagues include directors of memorial museums and education programs from Chile, Peru, East Timor, Bangladesh; directors of archives advocates such as the National Security Archives, Archivists without Borders and the South African History Archive; participants in documenting human rights abuses in the former Yugoslavia and Sudan; experts in public education programs including the Holocaust; as well as many leading North American Aboriginal experts, including former national chiefs Phil Fontaine and Georges Erasmus. This is a unique opportunity.  
Over three days, information will be shared that will help to inform decision making for preserving and archiving survivor statements, as well as materials created and received during the Commission’s work. The discussions had at the Forum will mark the beginning of what will become Canada’s largest permanent collection of oral history of its kind.

When the work of the Commission is complete, we will ensure the whole world hears the truth about residential schools, so that generations to come – Aboriginal and non-Aboriginal Canadians alike – will hold to the statement that resonates with all of us: ‘This must never happen again.’ – Justice Murray Sinclair

For more information on the program, speakers and registration please visit www.trc-nrc.ca .

For more information on the TRC, please visit:

www.trc.ca