Court of Appeal uses Convention on the Rights of the Child to protect Children’s Lawyer’s records from FIPPA disclosure

In Ontario (Children’s Lawyer) v. Ontario (Information and Privacy Commissioner) 2018 ONCA 559 (18 June 2018), Benotto JA for the Court of Appeal for Ontario invokes the Convention on the Rights of the Child 1989 repeatedly (and in my view correctly) despite its supposedly unimplemented status in Canadian law. She frames her use of the Convention as part of the contextual approach to statutory interpretation without purporting to apply the presumption of conformity with international law. But the end result is the same: an interpretation of domestic law in line with our treaty obligations.

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Does Bill C-262 implement the UNDRIP? Senator Sinclair says no

In a recent debate in the Senate, the Hon. Murray Sinclair made some important comments about Bill C-262, the United Nations Declaration on the Rights of Indigenous Peoples Act. His powerful and moving speech is worth reading for many reasons, but I am especially interested in what he considers the legal effect of Bill C-262 will be. In short, he does not think this bill will implement the Declaration in federal law. I agree.

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