Joseph Arvay

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

After Finlay's death[3] and Rankin's entry into politics, Arvay joined the firm of Farris, Vaughan, Wills & Murphy LLP in January 2014.

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

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

[8] 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).

"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.

[11] 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.

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.

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.

Acted for the plaintiff/appellant Henry, who successfully brought a section 24 Charter claim for damages arising from prosecutorial misconduct absent proof of malice and wrongful conviction for almost 27 years.

At the British Columbia Supreme Court, Arvay 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.

Arvay stated 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.

The Supreme Court of Canada ruled that North America's only legal drug injection facility can stay open.

Acted for the intervener, the British Columbia Civil Liberties Association, for a declaration that Omar Khadr's Charter rights were violated by detention at Guantanamo Bay.

Acted the petitioners/appellants in their successful argument 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.

On March 18, 2014, he received the McGill University Centre for Human Rights and Legal Pluralism's 2014 Robert S. Litvack Award,[17] and gave a conference titled "Litigating Charter Challenges: Stories of a Constitutional Lawyer."

Joseph Arvay photographed from the chest up, speaking, on 18 March 2014 in the Maxwell Cohen Moot Court, Chancellor Day Hall, Faculty of Law, McGill University, Montreal, Quebec, Canada.
Joseph Arvay gave the 2014 Robert S. Litvack Conference at the Faculty of Law of McGill University on March 18, 2014. The title of his talk was "Litigating Charter Challenges: Stories of a Constitutional Lawyer."
Joseph Arvay smiling and listening to a member of the audience before his conference, on 18 March 2014 in the Maxwell Cohen Moot Court, Chancellor Day Hall, Faculty of Law, McGill University, Montreal, Quebec, Canada.
Joseph Arvay smiling and listening to a member of the audience before his conference, on 18 March 2014 in the Maxwell Cohen Moot Court, Chancellor Day Hall, Faculty of Law, McGill University, Montreal, Quebec, Canada.