Benjamin Oliphant

Benjamin Oliphant, Associate


Phone: (604) 891-1181

Benjamin Oliphant practices in the firm’s litigation and labour and employment groups, working primarily on constitutional, administrative and labour law matters. His practice focus is on written advocacy, and he has drafted a range of pleadings, facta, petitions and other written submissions before numerous courts and tribunals.

Mr. Oliphant graduated with honours from the University of Toronto Faculty of Law, where he was the recipient of the Warren K. Winkler Prize in Labour and Employment Law and the Alexander C. Pathy Q.C. Prize in Labour Relations Law. His academic articles have been published in a range of law journals, including the Canadian Labour and Employment Law Journal, the Journal of Law & Equality, the Queen’s Law Journal and the McGill Law Journal, with articles forthcoming in the University of Toronto Law Journal and the Ottawa Law Review. His written work concentrates on constitutional interpretation, labour and employment law, discrimination law, and international law, and his articles have been cited by Halsbury’s Laws of Canada and various courts, including the Supreme Court of Canada.

Prior to joining Gall Legge Grant & Munroe LLP, Mr. Oliphant clerked for two justices of the BC Court of Appeal during the 2013-14 term, and articled in Ontario the year before. In the fall term, he will be an Adjunct Professor at the University of British Columbia Faculty of Law, teaching a course on Labour Law and the Charter.


Benjamin Oliphant, “Prima Facie Discrimination: Is Tranchemontagne Consistent with the Supreme Court of Canada’s Human Rights Code Jurisprudence?” (2012) 9 J L & Equal 33.

Brian Langille & Benjamin Oliphant, “From the Frying Pan into the Fire: Fraser and the Shift from International Law to International “Thought” in Charter Cases” (2012) 16 CLELJ 181.

Benjamin Oliphant, “Exiting the Freedom of Association Labyrinth: Resurrecting the Parallel Liberty Standard Under 2(d) & Saving the Freedom to Strike” (2012) 70 UTFLR 36.

Benjamin Oliphant, “Freedom of the Press as a Discrete Constitutional Guarantee”, (2013) 59 McGill LJ 283.

Benjamin Oliphant, “Interpreting the Charter with International Law: Pitfalls & Principles” (2014) 19 APPEAL 105.

Brian Langille & Benjamin Oliphant, “The Legal Structure of Freedom of Association” (2014) 40 Queens LJ 249.

Steven Barrett & Benjamin Oliphant, “The Trilogy Strikes Back: Constitutional Protection for Strike Action” (2015) 45(2) Ottawa L Rev (forthcoming).

Benjamin Oliphant, “Taking Purposes Seriously: The Purposive Scope and Textual Bounds of Charter Interpretation” (2015) 65 U Toronto LJ (forthcoming).

Lauren Wihak & Benjamin Oliphant, “Evidentiary Rules in a Post-Dunsmuir World: Modernizing the Scope of Admissible Evidence on Judicial Review” (2015) CJALP (under review).


Brian Langille & Benjamin Oliphant, “The Legal Structure of Freedom of Association”, paper presented to the Labour Law Research Network Inaugural Conference, Universitat Pompeu Fabra, Barcelona, Spain (June 13-15, 2013).

Emma Phillips & Benjamin Oliphant, “The Kids Aren’t Alright – Discrimination on the Basis of Family Status”, paper presented to the 22nd Annual Police Association of Ontario: Emerging Issues & Legal Developments (March 4-5, 2013).