Gabrielle Giroday

Gabrielle Giroday

Column: Editorial Obiter

Gabrielle Giroday is the editor of Law Times. She is a journalist and former government spokeswoman who has won awards for her work in both media and public service. She has experience writing and communicating about legal and justice issues, foreign affairs, gender issues and economic analysis for publications across Canada.

Latest Commentary


  • Disclosure dilemma

    We live in a time of extreme paradoxes. Never has so much information been available so readily, thanks to the power of online news, digital devices and social media platforms.
  • About time

    In May, a Law Times columnist wrote a piece exploring the colonialist legacy inherent in the name of the Law Society of Upper Canada. “As a lawyer, I am required to pay membership fees to an organization whose title includes the name ‘Upper Canada.’
  • Contingency caution

    Controversy over contingency fees isn’t new. However, a ruling this week in the family law realm has important takeaways. In Jackson v. Stephen Durbin and Associates, Ontario Superior Court Justice Thomas Lofchik ordered a Toronto law firm to refund a $72,000 premium it charged to a family litigant for the favourable result achieved at trial in a custody battle.
  • Criminalization critique

    Last week, justice ministers from across the country met in Vancouver to discuss a range of pressing issues, notably marijuana legalization. But advocates for the rights of people living with HIV were paying close attention, as another item was on the agenda — discussions around how the criminal law is applied against people living with HIV, regarding their disclosure to sexual partners.
  • Groups intervene over sexual assault convictions

    Human rights organizations are intervening in an appeal by an HIV-positive man convicted of two counts of sexual assault causing bodily harm. Ryan Peck, executive director of HIV & Aids Legal Clinic Ontario, and Richard Elliott, executive director of the Canadian HIV/Aids Legal Network, say their organizations are intervening in an upcoming Nova Scotia Court of Appeal case.
  • Bail under scrutiny

    The ticking clock on court delays imposed by Jordan continues to run, with a range of results. Law Times reports that the Ontario Court of Justice launched a pilot project earlier this month to see whether having judges conduct bail hearings could reduce delays in the criminal justice system. Normally, it is justices of the peace who hear bail proceedings — a practice that has drawn the ire of some critics who feel this should be handled only by lawyers.
  • School can refuse admission of child of same-sex couple

    Human Rights Tribunal of Ontario has ruled in favour of an evangelical Christian school that would not admit the son of a same-sex couple over the school’s stance on same-sex marriage.
  • Damages awarded in racial profiling case

    A ruling in a civil damages case awarding $80,000 to a man racially profiled by a Toronto police officer is believed to be the largest of its kind so far in Ontario. Lawyers say the ruling in Elmardy v. Toronto Police Services Board 2017 will have important effects on how damages are sought in relation to racial profiling by police.
  • Challenges launched over disability benefit rate

    Legal clinics have launched human rights challenges regarding the disability benefit rate two clients are receiving. The challenges relate to the monthly amount received by two disabled men who get both their meals and room from their landlord through the Ontario Disability Support Program.
  • Protest protested

    Lately, the act of public protest — particularly on public grounds — is getting more scrutiny than ever before. Therefore, the legal elements of the recent ruling in Bracken v. Fort Erie (Town), 2017 ONCA 668 may have important implications for municipalities across Ontario.
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