医管局 Ontario intervenes in the appeal before the Supreme Court of Canada by proposing changes to the Charter

截止日期

2020年11月20日

牵头办公室

多伦多

2020年11月20日,在 安大略省(总检察长)诉G,2020年SCC 38,加拿大最高法院考虑了克里斯托弗的合宪性’s法律,该法律要求因精神障碍被定罪或被认定不承担刑事责任的个人(“NCRMD”)在安大略注册的性犯罪’s sex offender registry. Offenders who have been found guilty may be removed or exempted, but those who are found 核医学研究中心 never can be, even if (like Mr. G in this case) they have received an absolute discharge from a review board. The Court held unanimously that this was discriminatory, that it contravened the right to equality in section 15(1) of the Charter of Rights and Freedoms, and that the limit on the right was not reasonable and demonstrably justified under section 1. The Court divided on the principles that govern when it is appropriate to suspend a declaration of constitutional invalidity, and when it is appropriate to grant an individual exemption from such a suspension. In doing so, the majority provided important guidance on constitutional remedies under the Charter. The Ontario Division of the Canadian Mental Health Association (the “CMHA”) intervened in the appeal in the Supreme Court of Canada. The 医管局 proposed a framework for considering “combined effect” discrimination claims under section 15(1) of the Charter, in which the impugned law does not on its face create a distinction but, in conjunction with other laws, has the 联合效应 of doing so. This is a matter of particular importance to individuals experiencing mental illness, and especially those who come into contact with the criminal justice system. Such individuals’ lives are significantly affected by overlapping and intersecting legislative and regulatory frameworks at both the federal and provincial levels. The 医管局 argued that the Court should recognize this reality in deciding Mr. G’宪章要求。法院是这样做的。它一致认识到克里斯托弗’法律规定了歧视性区别,“源于[安大略省法律]与联邦立法的互动方式”, and that “[t]he 联合效应 of multiple statutes is particularly important for those with mental illnesses, as their lives are often regulated by what the intervener, the [CMHA], calls a ‘复杂的法规网络’” (at para. 51).

医管局 Ontario is a non-profit, charitable organization committed to making mental health possible for all.

麦卡锡étrault LLP advised the 医管局 as an intervener in the Supreme Court of Canada, with a team led by 亚当·戈登伯格 that included Ljiljana 斯坦尼克.