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Criminal Law/Human Rights Joseph Arvay Partner, Arvay Finlay Barristers, Vancouver Kagan McLeod Judge, Supreme Court of Canada, Ottawa Since being appointed to the Supreme Court of Canada in 2004, Justice Rosalie Abella has become known for her strong presence on the bench, particularly when pushing the limits of Canada's human rights laws. Abella was the sole dissenter in the 2012 case of R. v. N.S., where she argued that requiring a witness to remove her niqab would effectively force her to choose between her religious beliefs and participating in the justice system. In her dissent, Abella likened the religious face coverings to those "who are unable to testify under ideal circumstances because of visual, oral, or aural impediments." Abella has been setting a high bar for the profession since 1976 when, at the age of 29 and while pregnant, she became the first Jewish woman and the youngest Canadian to be made a judge. With reasonable accommodation issues at the forefront of Canadian society, Abella remains an incredibly influential figure in the profession. What the panel had to say: "Arvay never shies away from taking on divisive and socially controversial cases in his pursuit of civil liberties and human rights." What the panel had to say: "Justice Abella has always had and continues to have a deep commitment to human rights that influences the nation." www.CANADIAN L a w ye r m a g . c o m august 2013 31 Andy Clark /REUTERS Justice Rosalie Abella From the right to die, to aboriginal rights and civil liberties, Joseph Arvay seems to be at the centre of every legal story of significance in Canada. In 2012, Arvay argued a constitutional challenge to Canada's sex worker laws before the Supreme Court of Canada. He worked with the B.C. Civil Liberties Association to have assisted suicide decriminalized. He has fought to defend Insight, Vancouver's safe-injection site, and the rights of children of sperm donors. Last fall, he was the Asper Centre's inaugural constitutional-litigator-in-residence as well as a visiting clinical practitioner in residence at Osgoode Hall Law School. Arvay has been on the Top 25 for the past three years.

