David Corbett (lawyer)

Last updated

David Corbett is a Canadian lawyer who gained international acclaim when, in 2002, he argued Marc Hall v. Durham Catholic School Board , a case that pitted the rights of a homosexual couple against the rights of a religious institution.

Contents

Prior to the case Mr. Corbett was a well known gay activist in Ontario arguing numerous cases and publishing many articles for same-sex equality. When the Marc Hall case garnered international attention, Mr. Corbett agreed to take the case pro bono (free of charge). [1]

In 2003, Mr. Corbett was appointed to the Ontario Superior Court. [2]

Education and background

In 1985, Justice David Corbett received a Bachelor of Laws from Osgoode Hall Law School. Then joined the Law Society of Upper Canada in 1987. Prior to being appointed Superior Court Justice he was a partner at Eberts Symes Street Corbett & Pinto where he specialized in the area of civil litigation. He had previously held positions with the Osgoode Hall Law School, the University of Toronto, and the University of Western Ontario. [3] Mr Justice Corbett was also a director of Foundation for Equal Families.

Marc Hall was a high school student at Oshawa, Ontario's Monsignor John Pereyma Catholic Secondary School who wanted to take his boyfriend to his high school prom in 2002. The case was notable because it pitted the rights of gays and lesbians against the rights of religious institutions. According to BNA Act (1867), S.93 Catholic schools in Ontario were guaranteed special protections to operate according to their religious beliefs free of governmental interference. [4] This, the school district argued, protected the school's right to deny Mr. Hall from taking his boyfriend to the school prom, an act the Catholic Church would consider a sin. Mr Corbett argued that the school, which received public funding, was obligated to obey laws outlawing discrimination, including the Canadian Charter of Rights and Freedoms. Mr Corbett succeeded in winning an injunction against the school that forced it not only to allow Mr Hall to take his boyfriend but forbade the school from cancelling the event.

The injunction did not, however, make any final ruling outside of this particular case in regards to the role of religious freedoms as they relate to the rights of same-sex couples. In 2005, 2 years after David Corbett was appointed Canadian Superior Justice, Mr Hall dropped his pending court case.

The Hall case in film

Director Larry Peloso created a one-hour documentary on the case entitled Prom Fight: The Marc Hall Story . An unrelated television movie, Prom Queen: The Marc Hall Story , aired on CTV in 2004. Aaron Ashmore starred as Hall.

Related Research Articles

Hall v Durham Catholic School Board was a 2002 court case in which Marc Hall, a Canadian teenager, fought a successful legal battle against the Durham Catholic District School Board to bring a same-sex date to his high school prom. The case made Canadian and international headlines.

<span class="mw-page-title-main">Osgoode Hall Law School</span> Law school in Toronto, Ontario

Osgoode Hall Law School, commonly shortened to Osgoode, is the law school of York University in Toronto, Ontario, Canada.

This is a list of notable events in the history of LGBT rights that took place in the year 2002.

<span class="mw-page-title-main">Lyman Duff</span> Chief Justice of Canada from 1933 to 1944

Sir Lyman Poore Duff was the eighth Chief Justice of Canada. He was the longest serving justice of the Supreme Court of Canada.

<i>Constitution Act, 1867</i> Primary constitutional document of Canada

The Constitution Act, 1867, originally enacted as the British North America Act, 1867, is a major part of the Constitution of Canada. The act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the British Parliament, including this Act, were renamed. Although, the acts are still known by their original names in records of the United Kingdom. Amendments were also made at this time: section 92A was added, giving provinces greater control over non-renewable natural resources.

<span class="mw-page-title-main">Same-sex marriage in Quebec</span>

Same-sex marriage in Quebec has been legal since March 19, 2004 in accordance with a ruling from the Quebec Court of Appeal that the heterosexual definition of marriage violated the Canadian Charter of Rights and Freedoms. Quebec became the third Canadian province after Ontario and British Columbia and the fifth jurisdiction in the world to open marriage to same-sex couples.

<span class="mw-page-title-main">Osgoode Hall</span> Building in Toronto

Osgoode Hall is a landmark building in downtown Toronto, Ontario, Canada. The original 2+12-storey building was started in 1829 and finished in 1832 from a design by John Ewart and William Warren Baldwin. The structure is named for William Osgoode, the first Chief Justice of Upper Canada.

<span class="mw-page-title-main">Emmett Matthew Hall</span> Canadian lawyer and Supreme Court Judge

Emmett Matthew Hall was a Canadian lawyer, civil liberties advocate, Supreme Court of Canada judge and public policy advocate. He is considered one of the fathers of the Canadian system of Medicare, along with his fellow Saskatchewanian, Tommy Douglas.

O'Donohue v Canada was a legal challenge to the exclusion of Roman Catholics from the throne of Canada. The applicant sought a declaratory judgment that certain provisions of the Act of Settlement 1701 violate the equality-rights section of the Canadian Charter of Rights and Freedoms. In 2003 the Ontario Superior Court of Justice dismissed the case, finding the matter non-justiciable. In 2005 that decision was upheld on appeal.

<span class="mw-page-title-main">Freedom of religion in Canada</span> Overview of religious freedom in Canada

Freedom of religion in Canada is a constitutionally protected right, allowing believers the freedom to assemble and worship without limitation or interference.

<span class="mw-page-title-main">William Osgoode</span>

William Osgoode was the first Chief Justice of Upper Canada.

Allen Martin Linden,, was a Justice of the Federal Court of Appeal and distinguished tort law professor. He was named an Officer of the Order of Canada in 2015.

<span class="mw-page-title-main">Foundation for Equal Families</span>

The Foundation for Equal Families is a Canadian gay and lesbian rights group founded in 1994 following the failure of Bill 167 in the Legislative Assembly of Ontario. The group's mandate is "Dedicated to achieving recognition and equality for same sex relationships and associated family rights through education and legal action". Meeting this mandate was accomplished by intervening in various precedent-setting legal cases, through representation at various pride parades and most notably in suing the Canadian federal government over failure to amend 58 pieces of federal legislation that were charter-infringing due to the definition of spouse.

Marc Rosenberg was a Canadian lawyer and jurist who served as a justice of the Court of Appeal for Ontario from December 12, 1995 to March 5, 2014.

Sydney Malcolm Harris, was a Canadian jurist and civil liberties advocate who worked as a lawyer, both for the federal government and then in private practice for over 30 years before being appointed to the Ontario Provincial Court in 1976.

<span class="mw-page-title-main">Joseph Arvay</span> Canadian lawyer (1949–2020)

Joseph James Arvay, was a Canadian lawyer who argued numerous landmark cases involving civil liberties and constitutional rights.

Michael Moldaver is a former Canadian judge. He was a puisne justice on the Supreme Court of Canada from his 2011 appointment by former Prime Minister Stephen Harper until his retirement in 2022. Before his elevation to the nation's top court, he served as a judge at the Ontario Superior Court of Justice and the Court of Appeal for Ontario for over 20 years. A former criminal lawyer, Moldaver is considered an expert in both Canadian criminal law and the Canadian Charter of Rights and Freedoms.

Paul B. Schabas is a judge of the Ontario Superior Court of Justice.

Marc Gold is Canadian law professor and politician who has served as Representative of the Government in the Senate since 2020. Gold has sat as the senator for Stadacona, Quebec since he was appointed on the advice of Prime Minister Justin Trudeau in 2016. He was a member of the Independent Senators Group (ISG) caucus from 2016 to 2020 but now sits as an Independent. Prior to his appointment as a senator, Gold taught law and was appointed associate dean at Osgoode Hall Law School.

Michelle O'Bonsawin is a Canadian jurist serving as a puisne justice on the Supreme Court of Canada since September 1, 2022. Before her appointment to the Supreme Court, she served as a judge on the Ontario Superior Court of Justice from 2017 to 2022. O'Bonsawin is the first Indigenous Canadian to serve as a Supreme Court justice.

References

  1. OUR COURTS ARE MOCKING JUSTICE Archived 2006-03-08 at the Wayback Machine REAL Women of Canada.
  2. "Openly gay judge named to Superior Court" . Retrieved 2019-09-17.
  3. ONTARIO JUDICIAL APPOINTMENTS ANNOUNCED Archived 2005-09-23 at the Wayback Machine Canada's Department of Justice News Room. June 19, 2003
  4. Archived 2006-06-14 at the Wayback Machine BNA (Constitution) Act of 1867.