Renu Mandhane
Renu Mandhane is a Canadian jurist and lawyer who was appointed a judge of the Ontario Superior Court of Justice (Brampton) on May 22, 2020.[1]
Early life and education edit
Mandhane was born and grew up in Calgary, Alberta, Canada. Her parents, Jaman and Nilima Mandhane (an engineer and bookkeeper, respectively), immigrated to Canada from India in the early 1970s.[2] She has one brother, Dr. Piush Mandhane, who is an associate professor of medicine at the University of Alberta.
Mandhane earned a Bachelor of Arts (with distinction) from Queen's University in Kingston, Ontario, a J.D. from the University of Toronto Faculty of Law, and a LL.M in international human rights law from New York University School of Law in 2003. Mandhane has authored the following academic articles:
- "Ending impunity: critical reflections on the prosecutions of heads of state" (2011) 61 University of Toronto Law Journal 163
- Paul Michell & Renu Mandhane, "New standards of independence and impartiality for the expert witness" (2005) 42(3) Alberta Law Review 636
- "The use of human rights discourse to secure women’s interests: critical analysis of the implications" (2004) 10(2) Michigan Journal of Gender & Law 275
- "Efficiency or autonomy? Economic and feminist legal theory in the context of sexual assault" (2001) 59 University of Toronto Faculty of Law Review 173
- "Duty to rescue through the lens of multiple-party sexual assault" (2000) 9 Dalhousie Journal of Legal Studies 1
Early Legal Career edit
Mandhane's legal career has been diverse and distinguished. Mandhane was a member of the Law Society of Ontario from 2002 until her appointment to the bench in 2020.
Mandhane completed her articles at a leading full-service law firm in Toronto, Torys LLP, and then practiced criminal law with Diane Oleskiw, now Justice Oleskiw of the Ontario Court of Justice. Mandhane was counsel to criminally-accused persons and prisoners before trial and appeal courts, and administrative tribunals. She represented women and children as complainants in sexual assault matters. Mandhane's notable cases include:
University of Toronto, Faculty of Law edit
From 2009-2015, Mandhane was Director of the University of Toronto's International Human Rights Program.[5] Mandhane accepted the Ludwig and Estelle Jus Memorial Human Rights Prize and the Lexpert Zenith Award for Pro Bono Service on behalf of the International Human Rights Program.[6] Mandhane was counsel on interventions before the Supreme Court of Canada related to the domestic application of international law, including:
- Chevron Corp. v. Yaiguaje, [2015] 3 SCR 69;[7] and
- Ezokola v. Canada (Citizenship and Immigration), [2013] 2 SCR 678.[8]
Mandhane worked closely with PEN International to highlight threats to freedom of expression in Mexico[9] and India.[10] Mandhane is also noted for exposing Canada’s treatment of immigration detainees with mental health disabilities who are held indefinitely in provincial jails pending deportation.[11] Throughout her tenure at the University of Toronto, Mandhane was involved with national law reform efforts to impose strict prohibitions and judicial oversight of solitary confinement in Canada's prisons and jails.[12] In 2015, Mandhane appeared before the United Nations Human Rights Committee (Geneva) on Canada's periodic review under the International Covenant on Civil and Political Rights.[13]
Ontario Human Rights Commission edit
In 2015, Mandhane was appointed Chief Commissioner for the Ontario Human Rights Commission,[5] and served in that role until she was appointed to the bench in 2020. During Mandhane's tenure, the Commission enacted policies on racial profiling,[14] accessible education,[15] and religious freedom.[16] Mandhane conducted public inquires that showed the over-representation of Black people in violent police interactions,[17] the over-representation of Black and Indigenous children in state care,[18] and the barriers to accommodation of students with learning disabilities in public schools.[19] As a result of her leadership, Ontario passed legislation to better protect human rights in policing[20] and corrections,[21] and to advance anti-racism initiatives within government.[22] The Commission also obtained an order from the Human Rights Tribunal of Ontario prohibiting segregation of people with mental health disabilities within provincial corrections.[23]
As Chief Commissioner, Mandhane is noted for her efforts to advance reconciliation with Indigenous peoples in Ontario, especially in towns and cities in Northern Ontario.[24] She negotiated a Memorandum of Understanding with the Ontario Federation of Indigenous Friendship Centres.[25] In 2019, she was gifted an eagle feather by traditional knowledge-keeper Maurice Switzer of the Mississaugas of Alderville First Nation. Reflecting on her work at the Commission, Grand Chief Alvin Fiddler stated: "“While leading the Ontario Human Rights Commission, Renu was a strong and vocal advocate for the people of Nishnawbe Aski Nation and defender of the rights of many people across this province."[26]
During her tenure, Mandhane became an influential voice on human rights issues in Ontario and nationally. She authored a number of opinion editorials in a variety of publications, including the following:
- “Canada must put human rights at the centre of its COVID-19 response,” Toronto Star (2 April 2020)
- “The public service should reflect the full diversity of our community,” Globe and Mail (23 July 2019)
- “Adam Capay case shows Ontario must eliminate the inhumane practice of segregation,” Globe and Mail (26 February 2019)
- “All children should feel like they belong in school,” Toronto Star (2 September 2018)
- "A day to remember the tragic consequences of hate" Toronto Star (29 January 2018)
- “Leadership needed to fight racism” Thunder Bay Chronicle Journal (25 July 2017)
- “Ottawa’s solitary bill is a start. Now the provinces must do better” Globe and Mail (20 June 2017)
- “Unfounded sexual assault cases: A human-rights issue” Globe and Mail (16 February 2017)
Mandhane received many accolades for her leadership as Chief Commissioner. Canadian Lawyer magazine reported that Mandhane, "reinvigorated the OHRC," and that she was "a vocal, courageous and ardent advocate on issues of racial profiling, carding, police oversight, Indigenous rights and the rights of people who are differently abled." Canadian Lawyer noted that Mandhane was in the media steadily, and that she largely what blew open the story of Adam Capay, the young indigenous man who had been in indefinite solitary confinement with the lights on 24/7 for more than four years."[27] The Correctional Investigator of Canada, Dr. Ivan Zinger, stated that, “Mandhane has brought public attention to correctional practices that are discriminatory or violate the human rights of prisoners, including federally sentenced women, Indigenous people, persons with mental health disabilities and immigration detainees," and that she was "a leading voice on national and provincial efforts to end the use of solitary confinement."
Mandhane was appointed Judge of the Ontario Superior Court of Justice on May 22, 2020, by Attorney General David Lametti.[28]
Jurisprudence edit
Mandhane has continued to distinguish herself as a judge. Most notably, she has written on family violence and its impact on children in S.S. v. R.S., 2021 ONSC 2137, its impact on parenting ability and spousal support in A.C. v. K.C., 2023 ONSC 6017, and its impact the availability of restraining orders in JK v RK, 2021 ONSC 1136. In the groundbreaking case of Ahluwalia v Ahluwalia, 2022 ONSC 1546, Mandhane held that survivors of family violence can sue for monetary damages as part of their family law matter.
Community Engagement edit
Mandhane is a Senior Fellow of Massey College at the University of Toronto,[29] and a member of the South Asian Bar Association.[30]
Mandhane has delivered addresses to a wide variety of audiences including to the judiciary, legal profession, community organizations, governments, Indigenous peoples, and international organizations.
Prior to her appointment, Mandhane was involved a number of community organizations including the Centre for Free Expression at Ryerson University, Human Rights Watch, Journalists for Human Rights, the Elizabeth Fry Society of Toronto, Nellie's shelter, and the Metropolitan Action Committee on Violence against Women and Children.
Awards and Recognitions edit
Mandhane has received myriad of awards and recognitions, including:
- South Asian Bar Association of North America Pioneer Award (2023);
- International Commission of Jurists-Canada’s Tarnipolsky Human Rights Award (2020);
- Excellence Canada’s highest honour, the Special Recognition of Achievement (2019);[31]
- Ed McIsaac Human Rights in Corrections Award (2018)[32]
- Canada’s “Top 25 Most Influential Lawyers” by Canadian Lawyer Magazine (2017),[33]
- Grant’s Desi Achiever Award, Desi Magazine (2016).[34]
Mandhane has been profiled in the following publications:
- Ted Fraser, "Eight women named Ontario court judges," Toronto Star (May 22, 2020)
- Tim Wilbur and Mallory Hendry, “T he Top 25 Most Influential: Renu Mandhane,” Canadian Lawyer (August 2017);
- Rhianna Schmunk, “Renu Mandhane, Ontario Human Rights Commissioner, Has History of Advocacy,” HuffPost Canada (28 October 2016);
- Andrew Stokes, “Meet Renu Mandhane, Ontario Chief Human Rights Commissioner,” Queen’s University Alumni Review (23 March 2016);
- Lucianna Ciccocioppo, “Out Front: Alumna Renu Mandhane wants everyone to know there’s still a need for the Ontario Human Rights Commission,” Nexus Magazine (Fall/Winter 2015);
- Jim Rankin, “New Ontario Human Rights Commissioner Renu Mandhane vows aggressive approach,” Toronto Star (1 November 2015);
- Kelly Korducki, “Agent of Change: In her role as head of the International Human Rights Program at UofT, Renu Mandhane is not afraid to ask tough questions,” Precedent Magazine (May 2012)
References edit
- ^ Canada, Department of Justice. "Government of Canada announces judicial appointments in the province of Ontario". www.newswire.ca. Retrieved May 22, 2020.
- ^ Rankin, Jim (November 1, 2015). "New Ontario Human Rights Commissioner Renu Mandhane vows aggressive approach". Toronto Star.
- ^ Dodd v. Canada (Correctional Services of Canada), 2007 ONCA 250 (CanLII) canlii.org
- ^ R. v. Truscott, (2006) 83 O.R. (3d) 272 (C.A.)] canlii.org
- ^ a b "Meet Our Commissioners". Ontario Human Rights Commission. Retrieved October 12, 2018.
- ^ "IHRP lands prestigious Jus Memorial Human Rights Prize for its work to end discrimination | International Human Rights Program". ihrp.law.utoronto.ca. Retrieved July 23, 2019.
- ^ Chevron Corp. v. Yaiguaje canlii.org
- ^ Ezokola v. Canada (Citizenship and Immigration) canlii.org
- ^ "Corruption, Impunity, Silence: The War on Mexico's Journalists | International Human Rights Program". ihrp.law.utoronto.ca. Retrieved July 23, 2019.
- ^ "Imposing Silence: The Use of India's Laws to Suppress Free Speech | International Human Rights Program". ihrp.law.utoronto.ca. Retrieved July 23, 2019.
- ^ ""We Have No Rights": Arbitrary Imprisonment and Cruel Treatment of Migrants with Mental Health Issues in Canada | International Human Rights Program". ihrp.law.utoronto.ca. Retrieved July 23, 2019.
- ^ "Cruel, Inhuman and Degrading? Canada's Treatment of Federally-Sentenced Women with Mental Health Issues | International Human Rights Program".
- ^ "UN Human Rights Committee's 2015 Concluding Observation on Canada | International Human Rights Program".
- ^ "OHRC's new policy will support law enforcement to eliminate racial profiling". Ontario Human Rights Commission. September 20, 2019. Retrieved December 4, 2019.
- ^ "Ontario human rights commission says people with disabilities face significant barriers in education | Globalnews.ca". globalnews.ca. August 29, 2018. Retrieved July 23, 2019.
- ^ "Criticism of Religion Should Not Lead To Discrimination". HuffPost Canada. December 10, 2015. Retrieved July 23, 2019.
- ^ Boisvert, Nick (December 10, 2018). "Black people 'grossly overrepresented' in violent police interactions, Ontario human rights report says". CBC News.
- ^ "OHRC released report on its inquiry into the over-representation of Indigenous and Black children in Ontario's child welfare system". Ontario Human Rights Commission. April 12, 2018.
- ^ "OHRC launches right to read inquiry". Ontario Human Rights Commission. October 3, 2019. Retrieved December 4, 2019.
- ^ "Law Document English View". July 24, 2014.
- ^ "Law Document English View". July 24, 2014.
- ^ "Law Document English View". July 24, 2014.
- ^ "Backgrounder, Jahn v. Ministry of Community Safety and Correctional Services". Ontario Human Rights Commission.
- ^ "Timmins must come to grips with Indigenous relations | Ontario Human Rights Commission". Retrieved December 18, 2023.
- ^ "Together OHRC and OFIFC Take Steps Towards Reconciliation". Ontario Human Rights Commission. July 10, 2017.
- ^ "Human rights commissioner calls for quick action on OIPRD recommendations". March 2019.
- ^ "The Top 25 Most Influential 2017". www.canadianlawyermag.com. Retrieved April 16, 2021.
- ^ Canada, Department of Justice. "Government of Canada announces judicial appointments in the province of Ontario". www.newswire.ca. Retrieved May 28, 2020.
- ^ "Announcing the 2020-2021 Incoming Senior Members to Massey College".
- ^ "SABA Toronto – South Asian Bar Association of Toronto". Retrieved December 18, 2023.
- ^ "Excellence Canada announces 2019 Canada awards for excellence recipients". Excellence Canada. November 2, 2019. Retrieved December 4, 2019.
- ^ "Renu Mandhane Receives the 2018 Ed McIsaac Human Rights in Corrections Award". Public Safety and Emergency Preparedness Canada. December 5, 2018.
- ^ "The Top 25 Most Influential 2017 | Canadian Lawyer Mag". www.canadianlawyermag.com. Retrieved July 23, 2019.
- ^ "COVER STORY — Desi News — Celebrating our 25th well-read year!". December 4, 2019.