Sept. 10, 2020 - Across the globe, courts are rapidly adapting their practices and procedures, initially in response to the COVID-19 pandemic and now to the gradual resumption of activities and easing of restrictions. As Canadian provinces gradually move toward reopening, courts have also begun to reopen their...
Michael Lubetsky Representing Égale Canada in Québec Trial for Trans Rights
Davies partner Michael Lubetsky is representing Égale Canada in a lawsuit by the Centre for Gender Advocacy (CGA) against the Québec government, alleging discrimination against trans, non-binary and intersex people and their families. Égale is acting as an intervener in the proceedings.
The CGA seeks to invalidate 11 articles of the Civil Code of Québec that it argues violate the rights of members of the trans community to freedom, liberty, dignity and security under the Québec and Canadian charters of rights and freedoms. The challenged laws relate to the registration of births and deaths, changes of name and sex designation, and the issuance of birth and death certificates. Among other things, they prohibit non-citizens from legally changing their name or sex designation, compel non-binary and intersex people to identify as either “male” or “female,” and require that all trans, non-binary and intersex parents be identified in gendered terms upon the births of their children.
Égale is a national organization dedicated to advocating for LGBTQI2S individuals across Canada. As an intervener in the action, it is providing submissions to the Court on analogous regimes in other provinces and foreign countries that have turned their attention to the existence and rights of trans, non-binary and intersex people.
July 29, 2020 - In Atlantic Lottery Corp. Inc. v Babstock, 2020 SCC 19 (Babstock), the Supreme Court of Canada (SCC) clarifies the contentious doctrine of “waiver of tort” and provides helpful guidance on the way courts should assess novel claims at the stage of certification of a proposed...