The federal government’s latest omnibus legislation, An Act respecting certain measures to strengthen the economy (Bill C-39), is touted as necessary to build a stronger, more independent, and more sustainable economy. Instead, it pits these goals against the rule of law and Charter rights. “One of the many lessons we should draw from the rapid erosion of democratic norms in the United States is that open-ended executive powers are antithetical to a functioning democracy,” said  CCLA’s Executive Director Howard Sapers. ​Bill C-39 would expand the exemption powers created last year under Bill C-5, allowing Cabinet to designate "regions of national interest" where federal laws that would otherwise apply to a project can be overridden. It would also strip out the five-year sunset clause that kept those powers temporary. ​Together, these changes would turn what was presented as a limited and temporary power into what CCLA's Director of Fundamental Freedoms, Anaïs Bussières McNicoll, calls "a sweeping and permanent power grab by Cabinet." The Bill would also let the Minister of Labour direct the Canada Industrial Relations Board to end a legal strike that affects the "national interest,” without defining the term. “Giving the Minister of Labour broad discretion to end legal strikes does not strengthen Canada. It undermines freedom of association and further tilts the balance of power toward employers at a time when many workers in Canada are struggling to make ends meet,” continued Bussieres McNicoll. CCLA is urging the government to build a stronger economy without sacrificing what makes Canada a robust and functioning democracy. You can read our full press release here: ccla.org/press-release/bill-…

Correctional Services Canada has restricted access to key medications for people in federal prisons who have mental health conditions. These medications treat major depressive disorder, attention deficit hyperactivity disorder, and other mental health conditions. Read the joint civil society letter the CCLA has co-signed, calling for these restrictions to be reversed. acrobat.adobe.com/id/urn:aai…

Today is International Equal Pay Day — but "equal pay" isn't equal for everyone. Across Canada, women earn about 88 cents for every dollar men earn. That gap alone is unacceptable. But it widens sharply for workers who face overlapping forms of discrimination: Indigenous women earn just 79 cents for every dollar earned Black women earn just 68 cents for every dollar earned Racialized women earn just 78 cents for every dollar earned Newcomer women earn just 71 cents for every dollar earned Women with disabilities earn as little as 54 cents for every dollar earned Pay equity is a civil liberties issue. Discriminatory pay practices, whether intentional or baked into systemic barriers, violate the right to equality that everyone in Canada is entitled to. At CCLA, we believe closing these gaps requires more than good intentions — it requires enforceable pay transparency laws, stronger human rights protections, and accountability for employers. Equal pay for equal work shouldn't depend on your race, gender identity, ability, or immigration status.

CCLA Slams Nova Scotia Government for Excluding People Living in Encampments from Disability Benefits The Canadian Civil Liberties Association (CCLA) is deeply concerned by the Nova Scotia government’s recent changes to social assistance regulations that exclude people living in encampments from receiving enhanced social assistance and disability supplement benefits. “People do not become less deserving of disability support because they are living in a tent,” said Harini Sivalingam, Director of Equality at the Canadian Civil Liberties Association. “Rather than ensuring that people with disabilities can access the supports they need, the province is creating an additional barrier for people who are already among the most marginalized in our society.” The CCLA urges the Nova Scotia government to reverse its decision to exclude people living in encampments from eligibility for these critical social assistance and disability supports and to ensure that its social assistance policies and regulations respect equality, dignity and human rights. Read our full press release here: ccla.org/press-release/ccla-…

⚖️ What just happened? The Ontario Superior Court of Justice has temporarily stopped the mandatory cash bail rules in Ontario’s Bill 75. This pause, called an injunction, was granted after the Canadian Civil Liberties Association (CCLA) and the Criminal Lawyers’ Association (CLA) jointly challenged the law. For now, the new cash bail rules will not apply in Ontario. They are on hold until the judge issues a final decision. ⚖️ How bail normally works in Canada Under the federal Criminal Code, a justice decides whether a person can be released while awaiting trial. Because people are presumed innocent, bail is meant to allow release unless detention is truly necessary to ensure the accused attends court, for the protection or safety of the public, or to maintain confidence in the administration of justice. In Ontario, most people are released on a promise to pay. This means: ◾ The accused, or a surety (someone supervising them), pledges an amount of money. ◾ They only have to pay that money if a bail condition is broken and a justice orders it paid. ⚖️ What Ontario’s Bill 75 would do Bill 75 would require anyone released on a promise to pay—or their surety—to deposit money with the court within 48 hours. If they do not, they would face a provincial offence. In practice, this means every promise to pay becomes a form of cash bail, dramatically expanding the use of upfront payments. ⚖️ Why the CCLA challenged Bill 75 The constitutional challenge argued that: ◾ Ontario cannot impose mandatory cash bail because bail is a matter of criminal procedure that falls under federal jurisdiction. ◾ Mandatory cash bail conflicts with the Criminal Code, which treats cash bail as exceptional. ◾ Bill 75 violates section 11(e) of the Charter, which protects the right not to be denied reasonable bail. ⚖️ What the injunction means going forward The mandatory cash bail provisions in Bill 75 are paused. The court will continue to consider the full arguments and evidence before making a final ruling. Until then, the usual bail rules outlined in the Criminal Code remain in place, protecting fairness, accessibility, and the presumption of innocence.

INCLO members wrote to @EU_Commission President Ursula von der Leyen and Hague Group Executive Secretary @VarshaGandikota, calling for immediate action on the sanctions the US has newly imposed on #ICC judges. Full statement inclo.net/latest/statements/…

Élections Québec Documents in French only: CCLA Warns Against an Erosion of the Democratic Process “The right to vote is a cornerstone of a democratic society,” said Anaïs Bussières McNicoll, Quebec Spokesperson and Director of Fundamental Freedoms at the CCLA. “This constitutional right – which is not subject to the notwithstanding clause – protects voters’ ability to participate meaningfully in the electoral process.” “When a government passes a law that limits certain voters' access to relevant information and makes their participation in elections more difficult, democratic rights are at stake,” Bussières McNicoll added. “By prohibiting Élections Québec from distributing its election information materials in English, the Quebec government is threatening the democratic rights of English-speaking Quebecers.” Read our full press release here. ccla.org/press-release/elect…

Documents d’Élections Québec en français seulement : l’ACLC met en garde contre une érosion du processus démocratique. « Le droit de vote est une pierre d’assise d’une société démocratique, » a déclaré Anaïs Bussières McNicoll, Porte-parole Québec et Directrice des libertés fondamentales à l’ACLC. « Ce droit constitutionnel – lequel n’est pas soumis à la clause dérogatoire – protège la possibilité pour les électeurs de participer de manière significative au processus électoral. » « Lorsqu’un gouvernement adopte une loi qui limite l’accès de certains électeurs aux informations pertinentes et rend leur participation électorale plus difficile, les droits démocratiques sont en jeu, » a ajouté Me Bussières McNicoll. « En interdisant à Élections Québec de circuler ses documents d’information électorale en anglais, le gouvernement québécois met en danger les droits démocratiques des Québécois anglophones du Québec. » Lisez notre communiqué de presse complet ici. ccla.org/fr/communiques-de-p…

The CLA and CCLA welcome the injunction to the mandatory cash bail provisions ordered today by the Ontario Superior Court of Justice. Until a final judgment is rendered in this case, the cash bail provisions will not be in effect. Our organizations argued that the province does not have the power under the Constitution to remove judicial discretion to decide the terms of bail or to violate the s. 11(e) Charter right to reasonable bail. The injunction can be read here. ccla.org/wp-content/uploads/…

The CCLA and CLA's factum in our joint constitutional challenge to the cash bail provisions in Ontario's Bill 75 can be read here: ccla.org/wp-content/uploads/… The challenge will be argued before the Ontario Superior Court of Justice at 361 University Ave. in Toronto on Thursday, August 27 at 10 AM. Thank you to the team at Henein Hutchison Robitaille LLP for their exceptional pro bono representation in this matter.

CCLA is calling on York Region to establish an independent external review of the July 30, 2026, use-of-force incident involving a young Black man with a cognitive disability at the Newmarket Bus Terminal. You can read the letter we sent here. ccla.org/equality/call-for-i…

The CCLA has filed a Notice of Application today with the Manitoba Court of King’s Bench alleging that the underfunding of criminal legal aid by the Governments of Manitoba and Canada violates the Charter of Rights and Freedoms. This is the first systemic challenge to criminal legal aid underfunding in Canada. Shakir Rahim, Director of the Criminal Justice Program and co-counsel in the case, said “Whether you are rich or poor should never determine whether you are found guilty of a crime. Legal Aid is supposed to protect that principle, ensuring that every person receives adequate legal representation.” But in Manitoba, like many provinces and territories, provincial and federal government funding for legal aid is woefully insufficient and has been for decades. Income cut-offs to receive legal aid have not kept up with the cost of living, and what the program covers is far below the actual requirements of increasingly complex criminal proceedings.” Howard Sapers, CCLA Executive Director, added, “The Government of Canada knows that legal aid is essential to fulfilling its obligations under the Charter, including the right to a fair trial; the right to life, liberty, and security of the person; and the right to equal protection and equal benefit of the law. Government policy cannot deny these rights.” Of significance, Rahim added, “While everyone is affected by underfunding, it places a particularly harsh burden on Indigenous people, who are disproportionally represented in the criminal justice system, face higher rates of poverty, and are more reliant on legal aid. The result of underfunding is that Legal Aid Manitoba must ration its services. Many people who need funding do not receive it and are either self-represented or face financial ruin, even if they are found not guilty.” The CCLA will seek a declaration from the Court that the underfunding of criminal legal aid violates ss. 7, 11(d), and 15 of the Charter, and Canada and Manitoba must act to ensure adequate funding and coverage. The CCLA is grateful for the excellent pro bono representation of Andrew Matheson and Natalie Kolos of McCarthy Tétrault LLP in this matter. Read the Notice of Application here. ccla.org/wp-content/uploads/…

CCLA has sent a letter to Ontario’s Big City Mayors in response to their “Reaction to Recovery” campaign, calling for urgent provincial action on mental health, drug toxicity and homelessness. ccla.org/equality/ccla-sends…

CCLA and CLA File Constitutional Challenge Against Cash Bail in Ontario The Criminal Lawyers’ Association (“CLA”) and Canadian Civil Liberties Association (“CCLA”) have launched a Constitutional challenge before the Ontario Superior Court of Justice against the introduction of mandatory cash bail by the province. The organizations are requesting an interlocutory injunction from the Court. If granted, the provisions would be paused until a final ruling on the challenge. Cash bail creates two tiers of justice: one that works for the rich, and one that needlessly punishes the rest of Ontarians. People presumed innocent across Ontario who cannot afford to pay a security deposit will be more likely to be left in jail. An accused person or potential surety would risk provincial prosecution if they are unable to raise enough cash in time after the accused’s release from custody. In the Notice of Application filed with the court, the CLA and CCLA argue that mandatory cash bail under Bill 75 violates the Constitution. Criminal procedure is a federal power under the Constitution. The federal Criminal Code sets out that a justice has discretion on whether to order a security deposit (‘cash bail’). The province cannot rewrite federal law. Neither can the province violate the s. 11(e) Charter  right to not be denied reasonable bail. The province already has tools at its disposal to address major violations of bail conditions by seeking forfeiture of an amount pledged when a bail condition is violated. Enacting clearly unconstitutional laws is a haphazard way to administer the criminal justice system. The Notice of Application can be viewed here: ccla.org/press-release/ccla-… The CCLA and CLA are grateful for the excellent pro bono assistance of Matthew Gourlay, Stephanie DiGiuseppe, Brandon Chung, and Jacob Roth of Henein Hutchison Robitaille LLP.

CCLA is questioning the Ontario government’s motives for introducing regulations that would exclude people—including people with disabilities—from eligibility for essential social assistance benefits. ccla.org/equality/ccla-quest…