The Top 25 Most Influential 2014 - Criminal Law/Human Rights

Written by Gail J. Cohen Posted Date: August 4, 2014

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CRIMINAL LAW/HUMAN RIGHTS

Photo: Liam Sharp

Alan Young
Professor, Osgoode Hall Law School, Toronto

One of Canadian Lawyer’s Top 25 Most Influential for many years, in 2013 Young was finally victorious at the Supreme Court of Canada in a case taking on the legality of the country’s prostitution laws. While the government has proposed a new bill to reflect the SCC’s decision in Bedford v. Canada, Young and many others are extremely critical of it. He has urged the feds to send the new bill directly to the SCC for a constitutional opinion, thereby sparing sex workers the cost, risk, and uncertainty of having to litigate protections for their health and safety all over again. In the past, Young has brought constitutional challenges to Canada’s gambling, obscenity, and drug laws, and is known for providing free legal services for people whose alternative lifestyles bring them into conflict with the law. His legal challenges led the federal government to create a regulatory program for the use of medical marijuana. Young is also the director of the Innocence Project at Osgoode Hall, which teaches students how to investigate cases of wrongful conviction.

What voters had to say: “Young took a courageous stance in assisting his clients to challenge Canada’s harmful and antiquated anti-sex work laws, and shone light on the dangers of criminalizing any aspect of sex work with carefully presented evidence and skilful arguments.”
“Alan’s victory will influence Canada and impact Canadians to a degree rarely equalled by members of our profession.”

Joseph Arvay
Partner, Farris Vaughan Wills & Murphy LLP, Vancouver

Arvay has appeared many times in the Top 25 Most Influential because he continues to push the country’s moral and ethical boundaries. He’s not afraid to take on some of the most socially complex cases in Canada, making way for change and improving the lives of Canadians, especially those on the edges of society. He is the lawyer who fought the federal government and won in the Insight injection case at the Supreme Court of Canada last fall. As a result of his work, the only legal, supervised drug injection site in North America will stay open to provide a safe place for use of drugs such as heroin, cocaine, and morphine. He also continues to work with the British Columbia Civil Liberties Association in the fight to decriminalize assisted suicide.

What voters had to say: “Joe has been a fearless champion of equality rights for many many years.”

Elizabeth Grace
Partner, Lerners LLP, Toronto

Grace’s work in personal injury law focuses on claims arising out of sexual and physical abuse and the transmission of sexual diseases. In 2013, Grace was the first counsel ever to be asked to act as amicus curiae at the Ontario Superior Court trial of the historical sexual assault case Rosenthal v. Rosenthal, where the perpetrator was a parent of the victim and had no counsel. In this case, there were difficult legal issues to unwind around what constitutes a sexual assault versus a breach of a parent’s fiduciary duty. Grace is a frequent speaker and writer on sexual assault, and was a recipient of the Women’s Law Association of Ontario President’s Award in June 2014.

What voters had to say: “EKG has never lost her passion, her soul, or her dogged determination to fiercely advocate for the victims of sexual assault. She has been a pioneer in this area of law and has represented her clients with compassion, respect, and intelligence for over 20 years. This recognition is long overdue.”

Jason Madden
Partner, Pape Salter Teillet LLP, Toronto

Madden’s work on behalf of the Métis of Canada has contributed to a whole new area of law being developed. In 2013, he represented the Métis in Daniels v. Canada. As a result of Madden’s work, the Federal Court of Canada ruled that 200,000 Métis and 400,000 non-status Indians in Canada are indeed “Indians” under the Constitution Act, a win that clarifies the federal government has jurisdictional responsibilities to provide services to the Métis. Madden also represented the Manitoba Métis Federation in land compensation negotiations regarding Manitoba Hydro’s proposed pipeline. He is also a regular speaker at conferences and law schools on aboriginal legal issues.

What voters had to say: “The work he did will change the course of Métis people and history, and how we are treated by the Canadian and provincial government.”

Photo: Blair Gable/ Reuters
Bob Rae
Senior partner, Olthuis Kleer Townshend LLP, Toronto

The former premier of Ontario and MP for Toronto Centre is an aboriginal rights activist on a mission. Rae resigned from his role in Parliament in July 2013 so he could join Olthuis Kleer Townshend, a law firm that specializes in aboriginal law. The former interim head of the federal Liberal Party is now the chief negotiator for nine different First Nations groups in talks with the Ontario government on opening up their land for development of the Ring of Fire. He is also a senior adviser to the Mississaugas of the New Credit, and works with the First Nations Group Ltd. Partnership in British Columbia.

What the panel had to say: “Bob Rae has really moved beyond the political and is using his skill and knowledge in a new and important role.”

Page 1:   Introduction
Page 2:   Top 5 Changemakers
Page 3:   Top 5 in Government/Non-Profits/Associations
Page 5:   Top 5 in Corporate-Commercial
Page 6:   Top 5 on the World Stage

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Gail J. Cohen

One of Canada’s most experienced and respected legal journalists, Gail J. Cohen is the former editor in chief of Canadian Lawyer and Law Times, who was responsible for the editorial direction of all the publications in the group, which also includes Candian Lawyer InHouse, Canadian Lawyer 4Students, and the daily Legal Feeds blog. Gail has covered the legal profession in Canada as a reporter and editor since 1997, which had put her in a prime position to access and engage thought leaders in the regulatory, legal, and business realms. Canadian Lawyer and its editorial team have been the recipients of many journalism awards and their publications are highly respected throughout the legal profession in Canada and abroad.