Usually, the person claiming to have been harassed sues the employer. In a 2004 B.C. case, the harasser sued the employer for wrongful dismissal. This is the bad behaviour story of a spurned co-worker in a union office. His romantic desires were unreciprocated. He was then accused of revenge. … [Read more...]
Criminal Sentencing of Aboriginal Offenders: Ipeelee
In Ipeelee, the Supreme Court of Canada again considered the Gladue Principles. Over a decade has passed since this Court issued its judgment in Gladue. As the statistics indicate, s. 718.2(e) of the Criminal Code has not had a discernible impact on the overrepresentation of Aboriginal people in … [Read more...]
Criminal Sentencing of Aboriginal Offenders: Gladue
In the Gladue case, the Supreme Court of Canada considered Aboriginal sentencing provisions in the Criminal Code. … the jail term for an aboriginal offender may in some circumstances be less than the term imposed on a non aboriginal offender for the same offence. On September 16, 1995, Jamie … [Read more...]
Bad Behaviour 6.0: Employees getting away with …
An exhibitionist teacher, a foul-languaged childcare worker and a lustful caretaker are three more cases of employees getting away with bad behaviour. In my opinion, the phrase "fuck off" is just a forceful and intense way to say "leave me alone" or "go away". On September 12, 1996, I find that … [Read more...]
Worker Status Pending Arbitration
Unionized employees terminated for cause from their jobs can – and often do – ask their unions to grieve the termination. A termination for cause means the employer has grounds (cause) to terminate the employee. This is different from a termination without cause. After filing the grievance, an … [Read more...]
Fraud in 3D: VisuaLABS
How did the justice system deal with this case of major commercial fraud? Between 1993 and 2001, VisuaLABS Inc. – the company built in Calgary, Alberta by Sheldon Zelitt – attracted thousands of investors, raised hundreds of millions of dollars in capital and grabbed the attention of the global … [Read more...]
The Inuit Status Case
It appears to me to be a consideration of great weight in determining the meaning of the word “Indians” in the British North America Act that the Eskimo were recognized as an Indian tribe by the officials of the Hudson’s Bay Company which, in 1867, exercised powers of government and administration … [Read more...]
Enhanced Job Security for Federal Workers
It is an outcome that is anchored in parliamentary intention, statutory language, arbitral jurisprudence, and labour relations practice. To decide otherwise would fundamentally undermine Parliament’s remedial purpose. - Wilson v Atomic Energy of Canada Ltd., 2016 SCC 29 at para 69 Employment … [Read more...]
Your Land is My Land: Reeder v Woodward
[T]he appellants ... were, after all, the registered owners of the disputed parcel, which the respondents have now acquired through adverse possession. The litigation was necessary to resolve this dispute, even though it was undoubtedly expensive and unfortunate for both sides. - Reeder v Woodward, … [Read more...]
A Tale of Two Cities: Residential property assessments and appeals in Calgary and Vancouver
Commercial and residential property taxes are by far the largest source of revenue for Canadian municipalities – about one third of the budgets in large cities. Other revenue streams include provincial grants and licenses, permits and user fees. Residential accommodation is taxed on market-based … [Read more...]