Search cases
    Active cases
    Reform and analysis









All LEAF cases

Case

Description

Year

Facta

Health Services and Support – Facilities Subsector Bargaining Assn. v. British Columbia

At issue in the case is whether the British Columbia government's Health Services Delivery Improvement Act (Bill 29), which voids equality related provisions of existing collective agreements of the female dominated health care sector, violates section 15 of the Charter...

2007


Dickie v. Dickie

Dickie is a family law case that deals with the recourses and remedies available when parties, overwhelmingly men, are in breach of family court orders. The case specifically addresses whether the default of an order to provide security for costs or security for the payment of support obligations is punishable by a contempt of court order...

2007


Watson v. R; Spratt v. R

At issue is the Abortion Services Act requirement that there be no protesting within a certain area surrounding abortion clinics...

2006


DBS v. SRG

This landmark Supreme Court of Canada case concerns the issue of child support and the entitlement of recipient spouses, predominantly mothers, to increased child support following an increase in the income of payer spouses, who are predominantly fathers...

2006


Barney v. Canada (Minister of Indian Affairs and Northern Development) and United Church of Canada

In 2005, LEAF, the Native Women's Association of Canada (NWAC), and the DisAbled Women's Network (DAWN) Canada intervened in coalition in this landmark case that sought compensation for Aboriginal residential school survivors subjected to multiple forms of abuse...

2005


Newfoundland and Association of Public Employees v. Newfoundland Pay Equity

In October 2004, the Supreme Court of Canada unanimously accepted LEAF's arguments in NAPE (Newfoundland Association of Public Employees) v. Newfoundland that the Newfoundland government discriminated against female workers by paying them unequal wages...

2004


Auton et al v. British Columbia

The Auton v. British Columbia case involves a challenge to the B.C. Government's refusal to fund therapeutic health services for children with autism...

2004


Smith v. Funk; Amos v. Virk

This case provided an important opportunity to address the meaning of relevance and privacy in the disclosure of documents from third parties. The case was of particular interest because of the impact that the disclosure application has on women, particularly poor and/or disabled...

2003

none


R. v. Demers

This case addressed the same issues as R v. Lewis (1996) regarding B.C.'s 'bubble zone' legislation (Access to Abortion Services Act) around abortion clinics...

2003


Lesiuk v. Canada

This case dealt with the constitutionality of eligibility criteria for employment benefits available under the federal Employment Insurance Act that effectively prevent part time workers from receiving employment insurance; part time workers who are predominantly female...

2003


Broomer v. Ontario

This case concerned the constitutionality of the Ontario government's lifetime ban on welfare for those convicted of welfare fraud, under sections 7, 12 and 15 of the Charter...

2003


Torres v. Minto Management

Ms. Torres lived with her husband in an apartment owned by Minto Management. After 15 months, her husband separated from her and moved out of the family home. In order for her and her children to stay in the apartment, Minto Management required that Ms. Torres sign a new tenancy agreement and increased the rent by 41%...

2002


R. v. Shearing

Ivon Shearing had appealed his convictions for sexual offences against several women and children between 1965 and 1989. Shearing was the leader of a marginal cult called the Kalbarians and had been convicted at trial of sexually assaulting his housekeeper's two daughters and five other "teenage disciples"...

2002


Miller v. (A.G.) Canada

At issue was whether provisions of the federal Unemployment Insurance Act, which result in the reduction or loss of regular unemployment insurance benefits by a women who, having received maternity or parental benefits (special benefits), loses her job, violates s.15 of the Charter...

2002


Irshad v. Ontario (Ministry of Health)

This case was a constitutional challenge to Ontario legislation, which excludes most new immigrants from OHIP coverage for a period of three months or longer...

2001


Boston v. Boston

In 1994, Willis and Shirley Boston agreed to separate and divided their assets; as well, Willis agreed to pay Shirley $3200 a month in spousal support. As required by Ontario law, Willis' pension was included in the calculation of the couple's assets...

2001


Kane et al. v. Alberta Report et al.

The Alberta Human Rights Panel followed the principles earlier enunciated by Alberta Queen's Bench Justice John Rooke in this case that involved an article published in Alberta Report magazine that contained anti-Semitic content...

2001


R. v. Darrach

The Supreme Court of Canada unanimously upheld provisions in the Criminal Code, which limit the use of a woman's sexual past history as evidence...

2000




Little Sisters Book & Art Emporium et al. v Minister of Justice et al.

Little Sisters v. Canada Customs involved a gay and lesbian bookstore in Vancouver which for over ten years had had most of its shipments stopped by Customs agents at the Canada-U.S. border...

2000


Blencoe v. Andrea Willis and the British Columbia Human Rights Commission et al., the Court

The Supreme Court of Canada ordered that the sexual harassment complaints against former BC Cabinet Minister Robin Blencoe must proceed. The British Columbia Court of Appeal previously stayed the complaints, agreeing that the Tribunal had lost jurisdiction to hear the complaints...

2000


R. v. Mills

The court upheld an important law that limits an accused person's access to personal records in sexual offense proceedings. Given that the Court had set out a different test just four years earlier in the O'Connor case, the judicial endorsement of the legislation was a vindication...

1999


R. v. Ewanchuk

A 17-year old woman went for a job interview in a trailer at a city mall in Alberta. By the time she left she had been subjected to unwanted sexual touching by a 49 year old man - her prospective employer...

1999


M.v. H.

The case of M. v. H involved a woman, "M," who wanted to sue her former same-sex partner, "H", for support when their relationship dissolved. Because "M" is a lesbian, she discovered that she could not use an Ontario family law to gain financial support from "H"...

1999

none


BCGSEU v. PSERC

Tawney Meiorin, a female forest fire fighter in BC, had worked in this male dominated profession for over two years with good reviews. Then the BC government decided that all fire fighters had to pass a set of tests to show that they could physically do the job. Tawney passed all but one test...

1999


JG v. Minister of Health and Community Services of New Brunswick

The Supreme Court of Canada ruled that New Brunswick's failure to provide legal aid in child wardship cases violate the Charter rights of a poor woman. J.G, a New Brunswick woman, appealed a lower court decision that denied her legal aid when a social services agency applied for an extension to temporary wardship of her three children...

1999


Francis v. Canada (Ont.)

This case involved a Grenadian woman who, after being in Canada without immigration status for nine years, was ordered deported. She had two Canadian-born children; her third child, born in Grenada, was ordered deported with her...

1999


Falkiner et al v. The Queen

The Ontario Court of Appeal struck down the Ontario Government's "spouse in the house" rule for welfare eligibility as discriminatory. At issue was whether amendments to Ontario's social assistance regulations, which significantly change the definition of "spouse" for the purpose of receiving social assistance, violate section 7 (security of the person) and 15 (equality) of the Charter...

1999




Vriend v. Alberta

Delwin Vriend was fired from his teaching job in 1991 for being gay, in spite of his favourable work record. He attempted to file a complaint with the Alberta Human Rights Commission but discovered that he was legally unable to do so because Alberta does not prohibit discrimination against gays and lesbians...

1998


Ferrel v. A.G

Marilyn Ferrel challenged the constitutionality of the Job Quotas Repeal Act which was enacted by the Ontario government to repeal the Employment Equity Act (EEA). The EEA had been created by a previous government to eliminate systemic discrimination in employment against women, racial minorities, people with disabilities and Aboriginal peoples...

1998


Winnipeg Child and Family Services v. G (D.F.)

A young Aboriginal woman, known as G., was ordered confined to a treatment centre because she was allegedly sniffing glue while pregnant with her fourth child. Winnipeg Child and Family Services (CFS) asked a judge for an order to have her involuntarily confined and he complied in order to protect the fetus...

1997


R.D.S v. The Queen

In this case, the Black judge's comments, made when she acquitted a racial minority youth, R.D.S., of assault charges against a White police officer, were considered biased because the comments acknowledged racism in Halifax, including racism by police officers...

1997


Eldridge v. Attorney General

When Robin Eldridge, a deaf BC woman, went to hospital, she sought sign language interpretation from her local health insurance plan so she could understand the medical treatment being offered her. It was denied however, because BC's Medical Protection Act and the Hospital Insurance Act do not cover interpretation services for deaf people...

1997


R. v. Lewis

At issue in this case is whether B.C.'s Access to Abortion Services Act infringes on an individual's freedom of religion, assembly and expression...

1996


Robin James Goertz v. Janet Rita Gordon

A court order allowing Janet Gordon, a Saskatchewan mother, to relocate with her daughter was challenged by her ex-husband. Ms. Gordon wanted to move with the child to take a new job in Australia but the father said it would limit his access to the child...

1996


The Queen v. Suzanne Thibaudeau

Suzanne Thibaudeau, a divorced mother of two, went to the Supreme Court of Canada to challenge regulations in the Income Tax Act which required her to pay income tax on her child support payments, although her ex-spouse could deduct the payments from his taxable income...

1995


The Queen v. O'Connor

LEAF and a coalition of women's organizations intervened before the B.C Court of Appeal in the case of Bishop O'Connor who was charged with the rape and indecent assault of four Aboriginal women...

1995


L.L.A et al. v. Beharriell

This case dealt with whether counseling records could be ordered as evidence in sexual assault cases in order to determine the credibility of the witness...

1995


The Queen v. Mason

This case dealt with whether counseling records could be ordered as evidence in sexual assault cases in order to determine the credibility of the witness...

1994


Mowers and Whitley v. The Queen

LEAF intervened before the Supreme Court of Canada in the appeals of Mowers and Whitley, two of the three men convicted of sexual assault in the gang rape of a young woman...

1994


Conway v. Her Majesty the Queen

This case was brought by Phillip Conway, a prisoner at Collins Bay penitentiary, who argued that female guards should not be conducting certain routine forms of surveillance...

1993


The Queen v. Seaboyer and Gayme

LEAF intervened in this case to urge the Supreme Court of Canada in the case of two men charged with sexual assault, who were challenging the Criminal Code provisions which restricted the brutal cross-examination of sexual assault survivors about their past history and sexual reputation...

1992




The Queen v. Schachter

Shalom Schachter applied for maternity benefits so he could stay at home and care for his child. He was denied because said they were only available for mothers. Schatcher claimed this was sex discrimination...

1992


Norberg v. Wynrib

Laura Norberg tried for five years to sue her doctor, who had demanded sexual contact in exchange for the drugs to which she was addicted. The B.C Court of Appeal dismissed her claim saying that she had consented implicitly and voluntarily to the sexual activity...

1992


Moge v. Moge

Sophia Moge, 55, was a homemaker during the day and a cleaner in the evening when she separated from her husband of 18 years and took custody of their children. After several years, Mr. Moge said he no longer wanted to pay support to his former wife...

1992


Kane et al. v. Church of Jesus Christ Christian-Aryan Nations et al.

With the Congress of Black Women, LEAF intervened in a complaint regarding cross burnings and other racist actions which took place at a meeting sponsored by the Church of Jesus Christ Christian Aryan Nations in Alberta...

1992


K.M v. H.M.

KM was prevented from suing her father for sexually assaulting her when she was a child because she missed the legal time limit for bringing a civil action. The Supreme Court of Canada ruled that in cases of childhood sexual assault the limitation period should not begin to run until the plaintiff was aware of the harm they had suffered...

1992


Godwin

In British Columbia, working women are routinely denied disability benefits during pregnancy or maternity leave. LEAF took one of the first BC challenges to stop this lingering form of sex discrimination in employment...

1992

none


Canadian Council of Churches v. Her Majesty the Queen and the Minister of Employment and Immigration

The Canadian Council of Churches, an advocacy group, initiated a Charter challenge against amendments to the federal Immigration Act concerning refugee status. They argued that most of the amended provisions violated the Charter and the Canadian Bill of Rights by threatening the personal security of refugees...

1992


Butler v. Her Majesty the Queen

Butler, a Manitoba video store owner, was convicted under the Criminal Code obscenity law for distributing pornographic videos. He claimed his constitutional right to freedom of expression was violated...

1992


A.L. v. the Crimes Compensation Board

A woman was denied full compensation of assault by the Saskatchewan Crimes Compensation Board. The Board said that she had continued to contribute to her own injuries by continuing to live with her spouse...

1992


Sullivan and Lemay v. The Queen

LEAF intervened in this Supreme Court of Canada appeal by two midwives who were convicted of criminal negligence causing bodily harm to a birthing mother due to the death of the unborn child...

1991


Colgate Palmolive

A woman who suffered psychological disability as a result of racist sexual harassment in the workplace won the rights to worker's compensation...

1991

none


Celik v. Wen-Do Women's Self Defense Inc.

Michael Celik, supported by a men's rights group entitled In Search of Justice, challenged Wen-Do Women's Self-Defense Corporation-a women's only self defense program...

1991

none


Caron v. Sa Majeste la Reine

A Rimouski woman was convicted of welfare fraud on the basis that she was living as a married rather than a single person...

1991


Attorney General of Canada v. Daniels

An Aboriginal woman from Saskatchewan was convicted of second-degree murder and convicted to life imprisonment. At issue was whether she should be sent from Saskatchewan to the Prison for Women in Kingston, Ontario, which, LEAF argued, would be in violation of race and sex equality guarantees...

1991


Vinogradov v. Governors of University of Calgary et al.

LEAF supported Aleksandra Vinogradov's complaint against the University of Calgary after her application for a full professor position in the Department of Engineering was rejected. Even though she was highly qualified for the position she argued that women had been systematically excluded from the Department...

1990

none


The Queen v. Keegstra; Andrews and Smith v. The Queen

James Keegstra was charged with the promotion of hatred under Section 281(2) of the Criminal Code for teaching high school students social theory based on hatred of Jews and Judaism. Keegstra argued that the Charter guaranteed his freedom of expression...

1990


George Ramdial, Nilufar Ramdial and Lana Salmon v. Metropolitan Toronto Condominium Corporation No. 624

In 1988, Lana Salmon was prevented from buying a condominium and moving in with her 13 year-old child. With LEAF's support, Salmon challenged the condominium's ability to restrict occupancy to people aged 16 and older...

1990


Taylor v. Canadian Human Rights Commission and the Attorney General of Canada

In 1979, the Canada Human Rights Tribunal ruled that the telephone messages denigrating individuals of Jewish origin propagated by John Ross Taylor violated the Human Rights Code. Taylor argued that he was entitled to freedom of expression...

1990


La Maison des Femmes

At the request of La Maison des Femmes de la Cote-Nord in Baie Comeau. LEAF retained a lawyer to monitor the trial of a man, charged with second degree murder, who shot and killed his wife in the battered women's centre...

1990

none


Haldimand-Norfolk Regional Board of Commissioners of Police et al. v. Ontario Nurses Association et al.

After Ontario's pay equity legislation was enacted, the Ontario Nurses Association sought for nurses to be in the same comparator class as police in the municipality of Haldimand-Norfolk...

1990


Jane Doe v. Board of Commissioners of Police for the Municipality of Metropolitan Toronto, Jack Marks, Kim Derry & William Cameron

Sexual assault survivor Jane Doe sued the Metropolitan Toronto Police for violating the Charter in failing to protect her from a serial rapist. With LEAF's support, Jane Doe argued that even though police had identifying information about the man who became know as "the balcony rapist", they chose not to warn women in the area of danger...

1990






Albrecht v. Albrecht

After a 35-year marriage ended in divorce, Mrs. Albrecht lost her rights to a division of Canada Pension Plan credits...

1990


Janzen and Govereau v. Platy Enterprises Ltd.

Diana Janzen and Tracey Govereau were sexually harassed at the Winnipeg restaurant where they worked. They took their case all the way to the Supreme Court of Canada and won a ruling that sexual harassment is sex discrimination...

1989


Daigle v. Tremblay

Chantal Daigle's ex-boyfriend attempted to impose an injunction against Daigle from having an abortion. The Quebec Court of Appeal upheld the injunction...

1989


D.P.

LEAF intervened successfully to oppose the admission of a known and convicted child abuser to the Law Society of Upper Canada...

1989

none


Brooks v. Canada Safeway Limited

Brooks, Allen and Dixon, three pregnant Winnipeg women who worked at Canada Safeway, were denied access to company accident and sickness benefits during the period in which they were eligible for unemployment insurance maternity benefits...

1989


Borowski v. The Attorney General for Canada

Borowski, an anti-choice activist, wanted to establish the legal personhood of the fetus, separate from the mother. Borowski wanted to challenge the fact that sections of the criminal code that allowed abortions in certain circumstances were in violation of the Charter...

1989


Andrews v. The Law Society of British Columbia

Andrews, a British lawyer, argued that the B.C. rule restricting the practice of law to Canadian citizens violated his equality rights under the Charter on the basis of citizenship...

1989


Her Majesty the Queen v. Canadian Newspapers Company Limited

A woman, who was sexually assaulted by her husband, invoked her right to have a publication ban on the use of her name in criminal proceedings...

1988


Century Oils (Canada) Inc. vs. Davies

Century Oils made an offer of employment to Christine Davies and subsequently withdrew that offer when she told the employer that she was pregnant...

1988


"Baby R"

Officials from the B.C. social services ministry secured an order to apprehend a fetus several hours before its birth, after the mother refused to consent to a caesarian section...

1988


Ivy Tyson and Goodhost Foods - and other mandatory retirement cases

Ivy Tyson challenged her mandatory retirement with no pension, at age 65, from her job at Goodhost Foods. On Mrs. Tyson's behalf, LEAF challenged her mandatory retirement on the grounds that the provisions of the Ontario Human Rights Code which allowed mandatory retirement at the age of 65 infringed on Section 15 of the Charter...

1987

none


Vital Statistics Acts challenges

LEAF supported challenges to the Vital Statistics Acts in Ontario, British Columbia, and Prince Edward Island that prohibited married women to give their children maternal surnames...

1986

none

Shewchuk v. Ricard

LEAF argued that provisions in the Child Paternity and Support Act were that only allowed mothers to seek affiliation with their children born out of wedlock and subsequently can only initiate payment orders against the child's father...

1986


The Organizational Society of Spouses of Military Members and the Department of National Defence

The Organisational Society of Spouses of Military Members' (OSSOMM) challenged the denial by the Department of National Defence of their democratic rights to assemble and associate...

1986

none

Chittenden, Villanueva, Toronto Organization For Domestic Workers' Rights vs. A.G of Ontario

The Toronto Organization for Domestic Workers' Rights' (also known as Intercede) challenged parts of the Ontario Employment Standards Act that excluded domestic workers from minimum wage protection...

1986


Blainey v. The Ontario Hockey Association and the Ontario Human Rights Commission

A 12-year-old girl was prevented from playing on a boy's hockey team based on regulations from the Ontario Hockey Association and the Canadian Amateur Hockey Association...

1986



Beaudette v. the Ministry of Community and Social Services and A-G of Ontario; Horvath v. the Ministry of Community and Social Services and A-G of Ontario

Sheila Beaudette challenged the regulation of the Ontario Family Benefits Act which stated that family benefits could only be provided to those who are "living as a single person"...

1986



Bertrand, Suzanne and the Yukon Change of Name Act

The Yukon Supreme Court struck down a section of the Change of Name Act which denied married women the right to change their surnames...

1985

none