Joseph Arvay

Acted for the appellant, Canadian Coalition for Genetic Fairness, in an appeal to declare that the GNDA is a valid exercise of Parliament's power to enact criminal law pursuant to section 91(27) of the Constitution Act, 1867.

Joseph James Arvay, (March 18, 1949December 7, 2020) was a Canadian lawyer who argued numerous landmark cases involving civil liberties and constitutional rights.

He was born in Welland, Ontario in 1949.

As a law student in 1969, he was involved in a skiing accident which left him a paraplegic.

He graduated from the University of Western Ontario with a Bachelor of Laws in 1974.

He then attained a Master of Laws from Harvard Law School.

Arvay initially pursued an academic career, teaching law at the University of Windsor.

In 1981 he moved to British Columbia where he practiced in the Ministry of Attorney General.

He was appointed Queen's Counsel after only ten years at the bar, shocking many with his youth.

In 1989 he started the boutique law firm Arvay Finlay with John Finlay, Q.C. and Murray Rankin.

Andrews v Law Society of British Columbia, [1989] 1 SCR 143 is the first Supreme Court of Canada case to deal with equality rights of the Canadian Charter of Rights and Freedoms (Section 15).

Arvay was the appellant for the Attorney General of British Columbia.

The Court held that the Law Society's rule violated section 15 and it could not be saved under section 1.

Egan v Canada, [1995] was one of a trilogy of equality rights cases published by a very divided Supreme Court of Canada in the spring of 1995.

In this case Arvay was counsel for the plaintiffs James Egan and John Norris Nesbit.

It stands today as a landmark Supreme Court case which established that sexual orientation constitutes a prohibited basis of discrimination under Section 15 of the Canadian Charter of Rights and Freedoms.

Arvay was counsel in the Supreme Court of Canada for Chamberlain v Surrey School District No. 36 where he successfully argued that a local school board could not impose its religious values by refusing to permit the use of books in K-1 that sought to promote tolerance of same-sex relationships.

In 2011, he argued the case for the Insite safe injection site and whether it falls under provincial or federal jurisdiction.

"Insite is a life-raft for the people in the Downtown Eastside," Arvay told the court.

"A life-raft in a sea of misery.".

On Sept 30th 2011 Canada's Supreme Court ruled that North America's only legal drug injection facility can stay open.

The top court issued its 9-0 unanimous decision in a case that has drawn international attention.

"The battle for other sites across Canada remains to be fought," Arvay said, adding the ruling will give those cities hope.

"Insite is going to remain open no matter what."

Arvay worked with the BC Civil Liberties Association in a successful fight to decriminalize assisted suicide.

At the British Columbia Supreme Court, he contended the law removes a person's right to make decisions about their body and also restricts physicians' freedom to administer compassionate end-of-life care.

On June 15, 2012, the British Columbia Supreme Court declared a section of the Criminal Code that prohibits physician-assisted death invalid.

Madam Justice Lynn Smith says the Criminal Code provisions "unjustifiably infringe the equality rights" of the plaintiffs in the case, including Gloria Taylor, who suffers from amyotrophic lateral sclerosis (ALS).

Arvay recently represented the plaintiff in a landmark case granting children of sperm donors the same rights regarding access to information about their birth parents as adopted children.

Joseph Arvay stated that "this case represents a monumental victory for our client, Olivia Pratten, and all the donor offspring she represents who have for too long been disadvantaged by their exclusion from the legislative landscape which has promoted and perpetuated prejudice and stereotyping and caused them grave harm."

Representatives for Vancouver sex workers argued before the Supreme Court of Canada on January 19, 2012, that a constitutional challenge to Canada's sex work laws should be allowed to proceed.

Arvay, who spoke for SWUAV on Jan 19, indicated that the legal barriers and potential personal consequences facing street-level sex workers deter individuals from participating in such a challenge, leaving it up to groups like SWUAV to coordinate public interest cases.

He said these consequences include fear of retaliation by police, invasion of privacy and child welfare actions.

"For them, this case is not about vindicating some abstract constitutional principle but, rather, to be able to carry on what is otherwise lawful, legal sex work in a manner that will not cause them grievous bodily harm or even death," Arvay said during the proceedings.

"Willy Pickton had his day in court; my clients want theirs, too."

Arvay has defended high-profile cases such as the Little Sisters' Book Store trial, where he argued gay and lesbian rights in the context of freedom of speech.

He was also involved in the APEC inquiry that tested the Charter of Rights and Freedoms and the role government has, and does not have, in censoring the public's inherent right to speak out on matters of political importance.

After Finlay's death and Rankin's entry into politics, Arvay joined the firm of Farris, Vaughan, Wills & Murphy LLP in January 2014.

In October 2017, Arvay left Farris and rejoined former associates Mark Underhill, Catherine Boies Parker, Robin Gage and Alison Latimer in the newly reconstituted Arvay Finlay LLP.

Reference by Quebec to the Court of Appeal of Quebec concerning the constitutionality of the Genetic Non-Discrimination Act, 2020 SCC 17.