On November 15, 2023, the case Yatar v. TD Insurance Meloche Monnex, 2022 ONCA 446 (CanLII), was appealed before the Supreme Court of Canada. Faculty of Law clinical counsel Allison Fenske [LLB/2007] had been involved in the case as part of her work for Legal Aid Manitoba’s Public Interest Law Centre, which had been retained to intervene on behalf of the Social Planning Council of Winnipeg and the Aboriginal Council of Winnipeg. Appearing with fellow PILC lawyer Natalie Copps [LLB/2019], Fenske delivered the oral submissions to the Court.

Another intervenor party in the case, the Income Security Advocacy Centre (ISAC) has provided a comprehensive, plain-language summary of the case on its website in the September 18, 2023 article “Social Assistance recipients need meaningful access to judicial review: Upcoming Supreme Court Case”.

In summary, Ms. Yatar was injured in a car accident. Initially, her insurer paid accident benefits but later denied all benefits. Ms. Yatar applied to the Licencing Appeal Tribunal to dispute the insurer’s denial. The Tribunal found that her application was late and statute-barred based on a two-year limitation period. Ms. Yatar commenced an appeal and a judicial review application together before the Divisional Court. The legislation contains a right of appeal on questions of law only.

This case is important before the SCC because it raises questions about access to judicial review of administrative tribunal decisions, and whether judicial review would only be available in “rare cases” where legislation contains a limited right of appeal.

According to Fenske, “Our clients were concerned about how this decision might affect social assistance recipients in Manitoba, who can appeal government decisions about their benefits to the Social Services Appeal Board (SSAB), but then have a very limited statutory appeal of these SSAB decisions – they can only appeal to the Manitoba Court of Appeal, with leave, on questions of law. Our clients wanted to ensure that the needs of marginalized and vulnerable litigants were considered by the Court.”

Through her work as clinical counsel at Robson Hall, Fenske realised her work on the case could yield a hands-on opportunity for Rights Clinic students Raven Richards (3L) and Tori Zillman (3L) to help with. While the PILC lawyers had already filed their written materials, the oral hearing still needed to be prepared. This included a need to review all written submissions of all parties and intervenors of whom there were 13, (Appellant, two Respondents, and 10 other intervenors) plus the replies of the Appellant and Respondents). Oral submissions also needed to be prepared.

“Being able to help out, even in a small way, was an invaluable opportunity as I now have a foundational understanding about what intervening at the Supreme Court of Canada entails, and will be able to recall this experience if my work calls for it in the future.”  – Raven Richards (3L)

“The students helped prepare summaries of the intervenor submissions and how their arguments interacted without our clients’ argument,” Fenske explained. “They were invited to attend legal team meetings to discuss strategy, and were also included in a moot that we arranged – my practice with appellate matters to run a moot of the argument – in this case before a couple retired Manitoba Court of Appeal judges and the rest of the legal team.”

“I feel incredibly lucky to have been able to have had some level of involvement with this file,” said Richards, a third-year law student working with the Rights Clinic. “This practical learning experience showed me and my colleague, Tori, just how much effort, preparation, and collaboration is involved in the intervening process. Being able to help out, even in a small way, was an invaluable opportunity as I now have a foundational understanding about what intervening at the Supreme Court of Canada entails, and will be able to recall this experience if my work calls for it in the future.” 

At the time that the Supreme Court hearing arose, Fenske said the Rights Clinic students were working on a project regarding court interventions. “It was great timing to have an intervention before the SCC during their Rights Clinic course,” she said. “They provided important insights around the arguments that would be made before the SCC, fresh perspectives on our clients’ argument, and were a welcome addition to the legal team.”

In the meantime, the parties await Canada’s highest court’s decision on the matter, which is expected in the New Year. “Our arguments were well received by the court and our clients are looking forward to the SCC’s decision in the matter,” said Fenske.

Initially launched in July 2022 to expand the Faculty of Law’s clinical offerings, the Rights Clinic’s primary mission is to empower individuals with a profound understanding of their rights while actively supporting public interest initiatives. The clinic focuses on three main components: non-litigation advocacy to raise public awareness about crucial rights issues, rights-related academic research akin to a mini “think tank,” and informational presentations and seminars aimed at informing the public about their rights and the rights of others.

The new website’s core is an engaging “About Us” section, offering visitors an in-depth overview of the Rights Clinic’s story, mission, and purpose. One of the highlights of the relaunched website is the dedicated “Our Team” section, where users can find detailed biographies and accomplishments of Clinic Supervisors Assistant Professor Trask and Clinical Director and Instructor McCandless. Additionally, the section features the profiles of summer students Lizzie Tough and Maria Garcia Manzano, as well as Natasha Ellis, the Faculty of Law’s articling student. This section showcases the team’s dedication and expertise.

A major step towards promoting education and awareness is the “Introductory Resource Center,” thoughtfully organized to provide free access to legal materials and information. Here, visitors can access important resources covering various human rights topics.

The Rights Clinic’s website now boasts an interactive and regularly updated blog section featuring insightful articles from team members and guest writers on current legal developments, case studies, and social justice issues. The aim is to foster a vibrant community and create a platform for open discussions on pressing human rights and social equality matters. The “News” section also informs visitors about the latest clinic events and news stories featuring the Rights Clinic.

To pay tribute to the Clinic’s remarkable history of impactful initiatives, the website features a “Project Archive” section. Users can explore past projects undertaken by the Rights Clinic, each with its unique contribution to advancing social justice and human rights causes. This inspiring section highlights the Clinic’s commitment to advocacy and serves as a guiding light for future endeavours.

Learn more about the new Rights Clinic website.

Director of Clinics and Clinical Instructor Liz McCandless (She/Her)

McCandless, who joined the University of Manitoba’s Faculty of Law in 2022 as a Senior Instructor currently serves as the law school’s Director of Clinics, and brings a wealth of experience to the team. From her previous role as director and legal counsel for the Manitoba Law Reform Commission (MLRC), along with other work experience, she has extensive knowledge of human rights, constitutional, Aboriginal law, and mechanisms to advance rights and reform laws. Notably, she also served as Associate Counsel on the Commission of Inquiry Surrounding the Circumstances of the Death of Phoenix Sinclair. McCandless remains an active member of the Manitoba Bar and occasionally takes on pro bono rights-related cases.

Lizzie Tough (They/Them), 2L

Lizzie Tough brings a diverse background in community relations, research assistance, and management. With a Bachelor of Arts in Environmental Studies, specializing in Sustainable Environmental Resource Systems from the University of Winnipeg, Tough is particularly invested in preserving peatlands, enhancing environmental laws, and advancing environmental and Indigenous rights in Canada. Tough’s dedication to human rights and ongoing rights movements began at an early age. During the pandemic, Tough played a vital role in improving access to information by creating digital content for community members and local businesses in Winnipeg’s West End and Central neighbourhoods. Additionally, Tough developed online presentations exploring Indigenous histories and historic social movements in present-day Manitoba.

Maria Garcia Manzano (She/Her) 2L

Maria Garcia Manzano completed her Bachelor of Science at Brandon University. During her undergraduate studies, Garcia Manzano conducted her thesis on first-generation immigrants in Canada for her Psychology Honors major while minoring in chemistry. Actively involved in promoting gender equality, Garcia Manzano served on the executive team for the Gender Empowerment Collective and organized events focusing on empowering women. She also dedicated her time to volunteering for the Bee City Committee and the 4R Waste Ambassador programs in Brandon, working to raise awareness about environmental issues and proper waste diversion techniques. As a first-year law student, Garcia Manzano continued her commitment to community service by volunteering at the Trans ID Clinic (through Pro Bono Students Canada) and Welcome Place, where she provided valuable support in client intake sessions and assisted with name and gender marker change applications and refugee claims.

The Rights Clinic’s primary mission is to enhance knowledge of rights and support public interest initiatives. As such, the clinic currently does not provide legal advice or representation services. Established just last summer, the Rights Clinic has enjoyed a successful inaugural year. Students enrolled in the fall and winter terms had the opportunity to present their projects, including a noteworthy presentation to the Public Utilities Board (PUB) on matters concerning Manitoba Public Insurance. As former Director of Clinics, Associate Professor David Ireland (as he then was) noted, “This is yet another example of how our clinical programs are adding value the community through the hard work and dedication of our students and professors.”

The PUB Decision which was impacted by Rights Clinic students’ participation can be found online in Proceedings Decisions. 

Other projects include: an awareness campaign about healthcare issues focused mainly on religious symbols in hospitals; research into issues about the use of public-school spaces after school hours by outside organizations; an environmental project that focused on anti-SLAPP legislation; a non-disclosure agreement project seeking to regulate the use of NDAs in Manitoba, especially in relation to sexual abuse cases; a project on Universal Basic Income and its benefits from a rights issue perspective; and addressing rights-related issues concerning organizations receiving government grants.

Visit The Rights Clinic at Robson Hall website to learn more about the clinic’s projects, resources, and recent website renovations. For real-time updates, follow the Rights Clinic on Instagram @rightsclinicatrobsonhall.