Renu Mandhane
Renu Mandhane is a Canadian jurist and lawyer who was appointed a judge of the Ontario Superior Court of Justice on May 22, 2020.
Early life and education
Mandhane was born and grew up in Calgary, Alberta, Canada. Her parents, Jaman and Nilima Mandhane, immigrated to Canada from India in the early 1970s. She has one brother, Dr. Piush Mandhane, who is an associate professor of medicine at the University of Alberta.Mandhane earned a Bachelor of Arts from Queen's University in Kingston, Ontario in 1998. She then graduated with a Juris Doctor from the University of Toronto Faculty of Law in 2001, and a LL.M in international human rights law from New York University School of Law in 2003.
Mandhane has authored the following academic articles:
- " 61 University of Toronto Law Journal 163
- 42 Alberta Law Review 636
- 10 Michigan Journal of Gender & Law 275
- " 59 University of Toronto Faculty of Law Review 173
- 9 Dalhousie Journal of Legal Studies 1
Early Legal Career
Mandhane was a member of the Law Society of Ontario from 2002 until her appointment to the bench in 2020.Mandhane completed her articles at a leading full-service law firm in Toronto, Torys LLP, and then practiced criminal law with Diane Oleskiw, now Justice Oleskiw of the Ontario Court of Justice. Mandhane was counsel to criminally-accused persons and prisoners before trial and appeal courts, and administrative tribunals. She represented women and children as complainants in sexual assault matters. Mandhane's notable cases include:
- Dodd v. Canada, 85 OR 346 ; and
- R. v. Truscott, 83 O.R. 272.
University of Toronto, Faculty of Law
From 2009-2015, Mandhane was Director of the University of Toronto's . Mandhane accepted the Ludwig and Estelle Jus Memorial Human Rights Prize and the on behalf of the International Human Rights Program. Mandhane was counsel on interventions before the Supreme Court of Canada related to the domestic application of international law, including:- Chevron Corp. v. Yaiguaje, 3 SCR 69; and
- Ezokola v. Canada, 2 SCR 678.
Ontario Human Rights Commission
In 2015, Mandhane was appointed chief commissioner for the Ontario Human Rights Commission, and served in that role until she was appointed to the bench in 2020. During Mandhane's tenure, the commission enacted policies on racial profiling, accessible education, and religious freedom. Mandhane conducted public inquires that showed the over-representation of Black people in violent police interactions, the over-representation of Black and Indigenous children in state care, and the barriers to accommodation of students with learning disabilities in public schools. As a result of her leadership, Ontario passed legislation to better protect human rights in policing and corrections, and to advance anti-racism initiatives within government. The commission also obtained an order from the Human Rights Tribunal of Ontario prohibiting segregation of people with mental health disabilities within provincial corrections.As Chief Commissioner, Mandhane is noted for her efforts to advance reconciliation with Indigenous peoples in Ontario, especially in towns and cities in Northern Ontario. She negotiated a Memorandum of Understanding with the . In 2019, she was gifted an eagle feather by traditional knowledge-keeper Maurice Switzer of the Mississaugas of Alderville First Nation. Reflecting on her work at the Commission, stated: "“While leading the Ontario Human Rights Commission, Renu was a strong and vocal advocate for the people of Nishnawbe Aski Nation and defender of the rights of many people across this province."
During her tenure, Mandhane authored a number of opinion editorials in a variety of publications, including the following:
- “,” Toronto Star
- ,” Globe and Mail
- ,” Globe and Mail
- ,” Toronto Star
- Toronto Star
- Thunder Bay Chronicle Journal
- Globe and Mail
- Globe and Mail
Mandhane was appointed judge of the Ontario Superior Court of Justice on May 22, 2020, by Attorney General David Lametti.
Jurisprudence
Justice Mandhane has written on family violence and its impact on children in S.S. v. R.S., 2021 ONSC 2137, its impact on parenting ability and spousal support in A.C. v. K.C., 2023 ONSC 6017, and its impact the availability of restraining orders in JK v RK, 2021 ONSC 1136.In Ahluwalia v Ahluwalia, 2022 ONSC 1546, Justice Mandhane held that survivors of family violence can sue for monetary damages as part of their family law matter. She created a new tort, which she named the tort of, alternatively named, family violence, domestic violence or coercive control, in support of her findings. However, the Ontario Court of Appeal overturned her ruling in Ahluwalia v. Ahluwalia,, finding that the existing scheme of tort law and existing legislative protections made the creation of a new judge-made cause of action unnecessary. This decision was in turn appealed to the Supreme Court of Canada, which heard arguments from both parties on whether Justice Mandhane erred in recognizing a tort of "family violence". No decision has yet been rendered.
The Ontario Court of Appeal also overturned an acquittal entered by Justice Mandhane on criminal charges. The complainant had testified that the accused, in her hotel room, forced her at knifepoint to perform fellatio, took a photo of her wearing only a bra and threatened to post it online if she went to the police, robbed her and cut her thumb deeply when they struggled. The accused had testified before Justice Mandhane and gave a different version of events. Crown counsel led evidence to support the complainant’s version of events. Justice Mandhane had found both the complainant and the accused lacked credibility and acquitted the accused of charges of forcible confinement, robbery, uttering threats, sexual assault and aggravated sexual assault. The Court of Appeal granted an appeal and ordered a new trial on the basis that Justice Mandhane had erred in her credibility findings against the complainant and that such findings reflected stereotypes of how victims of sexual assault are supposed to react. The Supreme Court of Canada refused to hear the accused's appeal from the order for his retrial.
Community engagement
Mandhane is a senior fellow of Massey College at the University of Toronto, and a member of the South Asian Bar Association.Prior to her appointment, Mandhane was involved a number of community organizations including the at Ryerson University,,, the,, and the .
Awards and recognitions
Mandhane has received myriad of awards and recognitions, including:- South Asian Bar Association of North America Pioneer Award ;
- ;
- Excellence Canada’s highest honour, the Special Recognition of Achievement ;
- Ed McIsaac Human Rights in Corrections Award
- Canada’s “Top 25 Most Influential Lawyers” by Canadian Lawyer Magazine,
- Grant’s Desi Achiever Award, Desi Magazine.
- Ted Fraser, "," Toronto Star
- Tim Wilbur and Mallory Hendry, “T,” Canadian Lawyer ;
- Rhianna Schmunk, “,” HuffPost Canada ;
- Andrew Stokes, “,” Queen’s University Alumni Review ;
- Lucianna Ciccocioppo, “,” Nexus Magazine ;
- Jim Rankin, “,” Toronto Star ;
- Kelly Korducki, “,” Precedent Magazine