Canadian Civil Liberties Association

This Thursday, we're gathering at Queen's Park to challenge democratic erosion in Ontario. Over the past two years, the Ontario government has waged an unprecedented battle against accountability, transparency, the rule of law and human dignity. Freedom of information access has been severely restricted. Cabinet has been empowered to exempt companies it selects from laws it chooses. Homelessness has been met with enforcement instead of housing. And government-appointed supervisors have replaced elected school boards. Four different issues, all pointing in the same direction. Together they describe a democracy being eroded in stages, law by law. Join us, alongside speakers from the Canadian Association of Journalists, Ontario Secondary School Teachers' Federation (OSSTF/FEESO), Ecojustice Canada, and TNG Community Services, to say these safeguards matter. Democracy requires vigilance, and vigilance means showing up. Show up with us this Thursday, November 5th, from 12 to 1 PM, at Queen's Park. This event is free and open to everyone. Our optional registration link can be found here: action.ccla.org/page/201632/…

Civil liberties are not privileges that governments can withdraw when they become inconvenient. And protests do not have to be quiet or polite to be constitutionally protected: they can be disruptive and offend some without ceasing to be peaceful. Last Friday, CCLA submitted feedback on the Ontario government’s proposal to prohibit unauthorized protests from obstructing a roadway, even where there are no safety concerns. CCLA also highlighted how several of the other proposed measures would simply duplicate existing laws and police powers. Public safety matters. But existing laws already provide tools to address genuine safety concerns. Without evidence of a legitimate public safety issue that remains unaddressed by current frameworks, the government’s proposal risks doing little more than eroding civil liberties without making anyone safer. Read our full submission here: acrobat.adobe.com/id/urn:aai…

Yesterday, CCLA joined the National Council of Canadian Muslims (NCCM) and other groups at a press conference responding to the Quebec government’s plan to ban religious symbols for elementary school students. Our Quebec Spokesperson and Director of Fundamental Freedoms, Anaïs Bussières McNicoll, had a clear message for the government: “A 10-year-old girl should have the right to go to school. Period.” For more than seven years, Bills 21, 94 and 9 have pushed people out of public life because of their religion, with a disproportionate impact on Muslim women. Workers have lost their jobs, students have changed their career plans, and some parents can no longer volunteer at their children’s schools. Now the government wants to expand the ban to children in schools. Quebec’s school principals’ associations have said religious symbols are not an issue in schools and have warned that students could drop out. The government’s move is a solution in search of a problem, and it puts children’s fundamental right to education at risk. We are far from alone in this fight. Hundreds of civil society groups are mobilizing through the recently launched Coalition Against the Instrumentalization of Secularism in Quebec. Our work has only just begun, and we will continue to fight these discriminatory laws until everyone in Quebec can learn, work and take part in public life without having to choose between their personal faith and their rights. You can read our full statement here: ccla.org/press-release/ccla-…

Hier, l’ACLC s’est jointe au Conseil national des musulmans canadiens et à d’autres groupes lors d’une conférence de presse visant à dénoncer le projet du gouvernement du Québec d’interdire les signes religieux aux élèves du primaire. Notre porte-parole pour le Québec et directrice du programme des libertés fondamentales, Anaïs Bussières McNicoll, a adressé un message clair au gouvernement : « Une fille de 10 ans devrait avoir le droit d’aller à l’école. Point final. » Depuis plus de sept ans, les projets de loi 21, 94 et 9 contribuent à exclure des personnes de la vie publique en raison de leur religion, avec des conséquences disproportionnées pour les femmes musulmanes. Des travailleuses ont perdu leur emploi, des personnes étudiantes ont dû revoir leurs projets de carrière et certains parents ne peuvent plus faire de bénévolat à l’école de leurs enfants. Voilà maintenant que le gouvernement souhaite étendre cette interdiction aux enfants qui fréquentent l’école. Les associations de directions d’établissement scolaire du Québec ont affirmé que les signes religieux ne posent pas de problème dans les écoles et ont prévenu que des élèves pourraient décrocher. Le gouvernement propose ainsi une solution à un problème qui n’existe pas, tout en mettant en péril le droit fondamental des enfants à l’éducation. Nous sommes loin d’être seuls dans ce combat. Des centaines d’organisations de la société civile collaborent par le biais de la Coalition contre l’instrumentalisation de la laïcité au Québec. Notre travail ne fait que commencer. Nous continuerons de lutter contre ces lois discriminatoires jusqu’à ce que chaque personne au Québec puisse apprendre, travailler et participer à la vie publique sans avoir à choisir entre ses convictions religieuses et ses droits. Lisez l’allocution complète ci-dessous : ccla.org/fr/communiques-de-p…

Ontario can address correctional capacity concerns without abandoning dignity, safety, and accountability. Removing minimum-space protections moves the province in the wrong direction. The Ontario government has eliminated the minimum sleeping-space requirement for provincial correctional facilities. The Building Code amendment scraps the 4.7-square-metre minimum sleeping area previously required for each person held in a provincial jail. It was introduced quietly, without public consultation. “The normalization of double and triple bunking will continue to undermine prisoners’ physical and mental health,” said Shakir Rahim, Director of our Criminal Justice Program. “Most people in provincial jails are in pre-trial detention awaiting their day in court.” Overcrowded cells increase the risk of illness, heighten tensions, disrupt sleep, and make it harder for correctional officers to safely manage units. We’re calling on the Premier and Solicitor General to explain this decision, release data on jail conditions, and commit to ending double and triple bunking. Read our full press release here: ccla.org/press-release/ccla-…

CCLA is calling on the Government of Alberta to withdraw proposed changes in Bill 33 that would amend the Alberta Human Rights Act to remove diversity, equity and inclusion considerations from public-sector hiring. “Rolling back measures designed to address historical and systemic discrimination is an attack on human rights,” said Howard Sapers, Executive Director of the CCLA. “Merit and equality are not competing values,” said Harini Sivalingam, our Director of Equality. “Equity measures exist so that merit can be assessed fairly. Removing them does not make hiring more merit-based. It makes the barriers harder to see and fix.” The Alberta Human Rights Act exists to protect people from discrimination. The CCLA is deeply concerned that provisions in Bill 33 would turn this protective legislation into a tool restricting employers from identifying and addressing systemic barriers to equitable employment. We urge Alberta to withdraw these amendments and consult the Alberta Human Rights Commission, equity-seeking communities, employers and unions before moving forward. Read our full press release here: ccla.org/press-release/ccla-…

The Canadian Civil Liberties Association (CCLA) reiterates its concerns about the federal government’s decision to permanently exclude people from accessing medical assistance in dying (MAiD) on the basis of mental illness. The introduction of Bill C-41 entrenches this blanket exclusion, raising serious concerns about equality, autonomy, and the rights of people living with mental illness. “The blanket exclusion of individuals with mental illness from MAiD eligibility is overbroad and is discriminatory. People living with mental illness are entitled to equal protection of their rights and dignity,” said Harini Sivalingam, Director of the Equality Program at CCLA. CCLA urges Parliament to ensure that Bill C-41 receives thorough scrutiny and full committee study, including careful consideration of its implications for Charter-protected rights and freedoms. Read our full press release here: ccla.org/press-release/ccla-…

Today, CCLA's Director of our Privacy, Surveillance and Technology Program, Tamir Israel, will be speaking on a Panel on Bill C-34. This bill will impose a social media ban for youth under the age of 16 and other age verification mechanisms. It’s part of broader conferences on the Safe Social Media Act hosted by @nccm and OpenMedia at the National Arts Centre in Ottawa. We are looking forward to a lively conversation on how to get Canada’s online safety law right. More details here: nccm.ca/event/onlineharmscon…

The Supreme Court of Canada has agreed to hear the federal government’s appeal in the Emergencies Act case. We are now gearing up to defend our historic victory for the rule of law. This challenge was never an endorsement of the “Freedom Convoy” protests. Because of the protracted timeline and the extent of the disruption, we agreed that the police should have used ordinary laws to dismantle the blockades in February 2022. This case is about a fundamental democratic principle: even in times of crisis, no government is above the law. Last January, the Federal Court of Appeal agreed with the CCLA that the federal government had failed to meet the stringent legal thresholds required to invoke the Emergencies Act. When unlocked, the Act’s extraordinary powers enable Cabinet to enact wide-reaching orders without going through the ordinary democratic process. At a time when democratic institutions and fundamental rights face growing pressure, challenging government abuse is more important than ever. We are immensely grateful for the exceptional pro bono legal services of Ewa Krajewska, Brandon Anand Chung and Erik Arsenault of Henein Hutchison Robitaille LLP in this landmark case. Read our press release here: ccla.org/press-release/emerg…

CCLA has written to the Ministers of Industry and Health urging the federal government to reject the House of Commons Science and Research Committee’s recommendations to remove equity, diversity and inclusion (EDI) from the criteria used by CIHR, NSERC and SSHRC. EDI and research excellence are not competing goals. Measures that identify and address systemic barriers help make sure talent is fairly assessed, and they are fully compatible with academic freedom.

The Canadian Civil Liberties Association (CCLA) is sounding the alarm on the proposed government surveillance law – Bill C-22. If passed, Bill C-22 would put everyone's privacy and digital security at risk. Read our full alert detailing our concerns, and sign our petition below. The more of us who speak up, the harder we are to ignore. Our alert: ccla.org/take-action/civil-l… Our petition: action.ccla.org/page/199880/…

Join us Tuesday, Oct 20, 3:30 PM ET with the Federal, Provincial, and Territorial Heads of Prosecutions Subcommittee on the Prevention of Wrongful Convictions in presenting: AI and Wrongful Convictions – is it good, bad, or safe to use? Register now! courthouselibrary.ca/trainin…

Meet the speakers for Show Up, Ontario: A Rally for Our Democracy. On November 5th civic leaders and advocates from across the province are joining us at Queen’s Park to speak about the threats facing democracy in Ontario. Brent Jolly, President of the Canadian Association of Journalists, on threats to government transparency Julia Croome, Director of Litigation Practice at Ecojustice, on threats to the rule of law Bill Sinclair, CEO of The Neighbourhood Group Community Services, on threats to human dignity Martha Hradowy, President of the Ontario Secondary School Teachers’ Federation, on government overreach The rally is organized by the Canadian Civil Liberties Association, with remarks from Harini Sivalingam, Director of Equality, and Shakir Rahim, Director of Criminal Justice. Protecting our democracy requires showing up when it matters. Join us Thursday, November 5, from 12 to 1 PM at Queen’s Park. This event is free and open to everyone. Registration is optional and can be found here: lnkd.in/ghMHdbd5

On November 5, we're gathering at Queen's Park to challenge democratic erosion in Ontario. Over  the past two years, the Ontario government has waged an unprecedented battle against accountability, transparency, the rule of law and human dignity. Freedom of information access has been severely restricted. Cabinet has been empowered to exempt companies it selects from laws it chooses. Homelessness has been met with enforcement instead of housing. And government-appointed supervisors have replaced elected school boards. Four different issues, all pointing in the same direction. Together they describe a democracy being eroded in stages, law by law. Join us, alongside speakers from the Canadian Association of Journalists, Ontario Secondary School Teachers' Federation, Ecojustice and The Neighborhood Group Community Services, to say these safeguards matter. Democracy requires vigilance, and vigilance means showing up. Join us Thursday, November 5th, from 12 to 1 PM, at Queen's Park. This event is free and open to everyone. Our optional registration link can be found here: action.ccla.org/page/201632/…

The CCLA will appear before the Supreme Court of Canada today as an intervener in Diggs v. AG (Nova Scotia). This appeal is about whether a court can consider a habeas corpus application from a prisoner who experiences solitary confinement because of operational or policy decisions that also affect other prisoners. Habeas is a legal mechanism for a person deprived of their liberty by the state to challenge whether that deprivation is legal. An example of a situation this case concerns is where a prisoner endures solitary confinement because there are not enough staff to properly run a prison. A prisoner can already use habeas to challenge a decision specific to them that puts them in more restrictive confinement. The CCLA will make three main arguments: 1. Removing habeas corpus for operational or policy decisions is inconsistent with the right of access to habeas corpus guaranteed in s. 10(c) of the Charter. 2. The availability of habeas corpus to review deprivations of liberty resulting from operational or policy decisions of general application is compatible with the purpose of habeas corpus review and applicable law. 3. A declaration by the court about the illegality of detention is appropriate where release from the challenged conditions is not possible or they have already ended. This can still be a meaningful remedy for the Charter violation. You can read the CCLA’s factum here: scc-csc.ca/pdf/case-document… The CCLA is grateful to Jessica Orkin and Amanda Bruce of Goldblatt Partners LLP for their excellent pro bono representation in this case.

The Canadian Civil Liberties Association (CCLA) welcomes the Ontario Court of Appeal’s decision allowing the appeal of unhoused residents of a Hamilton encampment who are challenging the City of Hamilton’s enforcement of bylaws that led to their eviction. The CCLA intervened to support the rights of unhoused encampment residents. The Court of Appeal identified several errors in the trial judge’s decision to dismiss the residents’ Charter challenge. These included insufficient reasons for the decision, the dismissal of key documentary evidence, cursory factual findings, an inadequate analysis of the residents’ section 7 and section 15 Charter rights, and an improper assessment of the availability of damages against municipalities for Charter breaches. This decision underscores the importance of a thorough and rigorous assessment of Charter claims involving the rights of unhoused people, including the consequences of government actions that deprive people of access to shelter. You can read our full press release here: ccla.org/press-release/ccla-…

The Canadian Civil Liberties Association is concerned by the federal government's announcement to introduce legislation to indefinitely exclude people whose sole underlying medical condition is a mental illness from accessing Medical Assistance in Dying (MAiD). CCLA welcomes provisions that would permit advanced requests. However, the blanket exclusion of people whose sole underlying condition is psychiatric is discriminatory and raises serious equality concerns. "Rights protections and safeguards must work together through individualized assessments," said Howard Sapers, Executive Director of the Canadian Civil Liberties Association. “Denying MAiD eligibility to people whose sole medical condition is psychiatric is discriminatory,” said Harini Sivalingam, Director of the Equality Program at the Canadian Civil Liberties Association. CCLA urges the federal government to reconsider a blanket and indefinite exclusion of a class of legally competent adults from accessing end of life care. Read the full press release below: ccla.org/press-release/ccla-…