CCLA Written Submission to Toronto City Council Executive Committee…

CCLA provided a written submission to Toronto’s Executive Committee for their consideration during their recent meeting to discuss and approve a staff report regarding the city’s proposed strategy to evaluate the Master Innovation Development Plan soon to be submitted to Waterfront Toronto by Sidewalk Labs. The text is below.

CCLA Memo to Toronto Exec Committee Re Waterfront Toronto June 6 2019

 

See the publicly available documents from our court challenge.

CCLA at the Supreme Court: Journalistic Source Protection

Cara Zwibel
Director of Fundamental Freedoms Program
czwibel@ccla.org

 

 

 

 

Refusing to burn a confidential source is a hallmark of journalistic integrity.  But does Canadian law protect journalism confidentiality? That’s what we went to the Supreme Court of Canada to argue today.

CCLA is before the Supreme Court of Canada today intervening in a case that addresses the importance of protecting journalists’ confidential sources. In Denis v Cote, the Supreme Court will have its first opportunity to interpret the Journalistic Sources Protection Act (JSPA), legislation that made significant changes to the rules of evidence in recognition of the vital role that confidential sources play in the media’s news gathering function.

The case arises out of a criminal trial in Quebec. Mr. Cote, the accused, alleged that certain documents and information arising out of a police investigation were deliberately leaked by agents of the state to a reporter, Ms. Denis. He argued that this constituted an abuse of process and that the criminal charges against him should be stayed. In support of his motion, he sought to compel Ms. Denis to testify and provide her source’s identity. While his motion was initially denied, a subsequent decision required Ms. Denis to identify her source, and the matter is now before the SCC.

CCLA has been involved in many cases that dealt with the role of the media and the importance of confidential sources. We intervened in the case to assist the Court in developing the principles that should apply when motions for disclosure of sources are brought under the new statutory scheme established by the JSPA. Our goal is to ensure that the law is interpreted in a way that furthers freedom of the press – something that cannot be done unless journalists have adequate protection for confidential sources. CCLA is arguing that the presumption against disclosure of a confidential source can only be overcome where there is no other reasonable means of getting the relevant information, and where the public interest in disclosure clearly outweighs the public interest in non-disclosure. Essentially, disclosure of a confidential source must be both necessary and proportional in light of the interests at stake. We are also encouraging the Court to recognize that when disclosure is ordered, conditions should be attached to such an order to ensure that it minimally impairs Charter protected rights.

We are grateful to Prof. Jamie Cameron of Osgoode Hall Law School and Chris Bredt, Pierre Gemson and Veronica Sjolin of BLG who are representing CCLA on the case pro bono.

Read CCLA’s factum here

Access to abortion, dying with dignity, and more upheld…

Noa Mendelsohn Aviv
Director of Equality Program
mendelsohnaviv@ccla.org

 

 

 

 

Doctors in Ontario will not be required to personally perform abortions, medical assistance in dying, or other healthcare services if the denial is based on the doctors’ religious beliefs – but they must provide an effective referral. This decision by the Ontario Court of Appeal today represents an important victory for the rights of patients who need reproductive healthcare, the right to die with dignity, and other stigmatized medical services.

The effective referral requirement states that doctors who deny a patient a service must, in good faith, ensure their patient is directed to a “non-objecting, available and accessible physician.” But it gets even easier than this. The doctors do not have to provide the referral themselves. All they must do is appoint someone in their office who can do so, and all that person has to do is find an agency (and one now exists in Ontario) that can find the healthcare service for the patient.

This “effective referral” requirement is part of two Policies of Ontario’s College of Physicians and Surgeons. And it was this requirement that was upheld by the Ontario Court of Appeal today. CCLA had intervened in the case arguing for the Charter rights of patients, and it welcomes this decision.

CCLA had argued that while both parties’ Charter rights were implicated, the Policies struck the correct balance in ensuring that important, Charter-protected medical services were accessible to patients.

Certain religious doctors had objected to the effective referral requirement, claiming that in their religious view, providing an effective referral would make them an accessory to and complicit in acts that violate their religious beliefs.

The College of Physicians and Surgeons together with several interveners including CCLA had argued that the Policies struck a reasonable balance between the religious freedom of doctors, and the rights of patients to access medical services. The Court agreed, noting the vulnerability of many patients, the very sensitive nature of certain medical services – such as abortion, birth control, transition-related services for transgender patients such as gender reassignment surgery, and medical assistance in dying – and the historical stigmatization associated with these. All of this may make it particularly difficult for vulnerable groups such as pregnant women and girls, patients with financial, social, educational, geographic and other challenges to access these services.

As such, without an effective referral requirement, patients may not be able to access these healthcare services at all. This, CCLA had argued, would constitute a serious violation of their fundamental right to human dignity, personal autonomy and privacy.

Today’s decision recognizes the important role doctors play in the lives of their patients, in particular those who are vulnerable. The normal rule, when doctors face difficult ethical questions, requires doctors to place their patient’s interests first. The Policies, however, do not force doctors to personally provide the healthcare that their patients need. This is already a significant compromise of patients’ interests. In the result, the Court found, requiring a compromise of doctors who deny these services, by asking them to provide an effective referral (which they can do through a third party and an agency), strikes a reasonable balance between the interests of doctors and patients.

CCLA Voices Concern Over Several Measures in Budget Bill

Executive Director and General Counsel, Michael Bryant, speaks on behalf of CCLA at the Standing Committee on Finance and Economic Affairs on May 7, 2019 considering Bill 100, An Act to implement Budget measures and to enact, amend and repeal various statutes.