BenchPress – Vol 40-5

1. Miscarriage as a Workplace Disability The Ontario Human Rights Tribunal has issued a decision stating that a miscarriage can be a disability.  Winnie Mou was dismissed from her position after failing to meet work targets.  She had missed three weeks of work due to a deep tissue injury, and several months later had a […]

Unleashing the Environmental Power of Municipalities: Recommendations to Strengthen Alberta’s Municipal Government Act

Municipalities play a key role in the management and protection of Alberta’s environment. This occurs through regulation of private land uses and through local land use planning. Municipalities can also direct local changes that reduce the trajectory of greenhouse gas (GHG) emissions and create resilient communities that can adapt to the changes caused by climate […]

BenchPress – Vol 40-4

Gonzo Language! The Federal Court of Appeal used some unusually strong language in a recent judgment about a claim for costs. The claim was made by the two lawyers who successfully challenged the appointment of Judge Marc Nadon to the Supreme Court of Canada. Together, the two lawyers asked for almost $70,000 in costs. The […]

Can Administrative Agencies Grant Common Law Public Interest Standing?

Whether administrative agencies can grant public interest standing the way that courts do is an unsettled question. This question usually arises at environmental agencies whose enabling legislation provides standing based on affected personal interests. Multiple court cases have found that specific agencies have “no jurisdiction” to grant a discretionary form of standing, but these cases […]

Bench Press 38-4: Cabinet Ministers Breaking the Law

Several environmental groups took the federal ministers of oceans and fisheries and the environment to Federal Court seeking a declaration that they must act to protect endangered species. Madame Justice Anne McTavish granted them the declaration they sought.  She noted that the Species at Risk Act requires the ministers to publish a proposed recovery strategy, […]

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