July 03, 2020 - The Supreme Court of Canada has released its highly anticipated decision in Uber Technologies Inc. v David Heller (Uber), ruling that a proposed class action on behalf of Uber drivers can proceed despite an arbitration clause contained in the standard form agreement between drivers...
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.
June 17, 2020 - Translation in progress. Dans l’affaire Maltais c. Procureure générale du Québec, 2020 QCCA 715, la Cour d’appel du Québec (la « Cour ») a rendu un arrêt important en matière de responsabilité de l’État. Cet arrêt clarifie l’applicabilité au gouvernement du régime de...