B.C. lawyer Joseph Arvay dedicated his life’s work to defending the constitutional rights of Canadians. He helped breathe life into the Charter of Rights, helping not only his clients but assisting in the development of civil liberties and saving lives as a result of his legal defence of Insite and other harm reduction programs.
He achieved extraordinary success in Charter of Rights cases, many of them focused on the rights of the poor and disadvantaged and pivotal in the development of Charter jurisprudence.
Supreme Court of Canada cases engaging the Charter, and in which he acted as a main party include:
• Carter v. Canada [2015], assisted dying
• Canada v. Downtown Eastside Sex Workers [2012], public interest standing
• Canada v. PHS Community Services, [2011], safe injection site
• Withler v. Canada, [2011] – section 15
• Health Services and Support v. BC [2007], collective bargaining
• Little Sister’s Book v. Canada, [2007], advanced costs
• Same Sex Marriage [ [2004]
• Blencoe v. BC, [2000], section 7
• Chamberlain v. Surrey School District [2002] – same-sex parented families and school materials
• Little Sister’s Book and Art Emporium v. Canada, [2000] Charter right to receive expressive material
Throughout his career Arvay showed willingness to take on lengthy but important cases where there was no prospect of adequate or any remuneration. His defence of the Little Sister’s Book & Art Emporium in its years-long dispute with Canada Customs is one example, as is Carter v. Canada 2015 SCC 5, which established the right to physician-assisted suicide for people in unbearable pain.
In addition to his legacy created by precedents set by his legal victories, Arvay mentored young lawyers, giving guest lectures at law schools and continuing education conferences, and was a visiting teacher at a number of law schools.
He was recognized for his achievements by being awarded Queen’s Counsel, an honourary degree from York University, the Walter S. Tarnopolsky Human Rights Award, and the BCCLA’s inaugural Liberty Award for legal advocacy in service of human rights and civil liberties. He was named as one of the top 100 best lawyers in Canada for several years and in 2013 was named Vancouver Lawyer of the Year in Public Law and Administrative Law. He was also a bencher of the Law Society of British Columbia. He was appointed to the Order of Canada in 2017 for his significant achievements in the field of law.
