. . . provisions for eight weeks of unpaid compassionate care leave for individuals charged with caring for terminally ill family members. This Bill would help to ensure that Albertans do not have to risk employment and careers while performing their familial duties. - Mr. Jeneroux, on … [Read more...]
The Whatcott Case: Balancing Free Speech and Social Harmony
Introduction: a Clash of Rights The freedoms of conscience, religion, thought, belief, opinion and expression comprise some of our “fundamental freedoms” listed in section 2 of the Charter of Rights and Freedoms. They assure the free exchange of ideas, the practice of one’s faith, the development … [Read more...]
Whatever Happened to … Mustapha v. Culligan: “Judge, There was a Fly in my Water!”
On November 21, 2001, while Waddah Mustapha and his wife were replacing the water dispenser at home, they spotted a dead fly and part of another inside the new, sealed Culligan water bottle. At the sight of the fly, Mrs. Mustapha vomited immediately. Mr. Mustapha became nauseous and suffered of … [Read more...]
The Protection of Young Workers in Canadian Employment Law
EDITOR'S NOTE The information in this article may be out-of-date. For current information on employment laws for workers under 18 years of age in Alberta, see CPLEA's Youth & Work FAQs. Employment laws are often different for young workers under 18 years of age to protect them from … [Read more...]
Vicarious Liability: The Legal Responsibility of Employers
“It is right and just that the person who creates a risk bears the loss when the risk ripens into harm.” - Bazley v. Curry, 1999 CanLII 692 (SCC) Introduction After the massive train derailment disaster last summer in Lac Mégantic, Quebec, the chief executive of the train company was roundly … [Read more...]
What ever happened to … The Law of Sniffer Dog Searches: Part 2
Introduction: The Flux of Law This article illustrates how quickly and remarkably the common law can adjust when judicial principles change and when new judges are appointed to the Supreme Court of Canada. The common law is generally intended to endure. Judges describe what they do as not … [Read more...]
Insubordination and Dismissal
It is . . . generally true that wilful disobedience of an order will justify summary dismissal, since wilful disobedience of a lawful and reasonable order shows a disregard – a complete disregard – of a condition essential to the contract of service, namely, the condition that the servant must obey … [Read more...]
Comma Law
The writer who neglects punctuation, or mispunctuates, is liable to be misunderstood for the want of merely a comma . . . – Edgar Allan Poe Introduction “Let’s eat, Grandma” or “Let’s eat Grandma.” As the saying goes, “commas save lives.” This adage humorously demonstrates the … [Read more...]
Whatever Happened to … The Law of Sniffer Dog Searches
When does a sniff amount to an illegal search? The Supreme Court of Canada recently weighed in on this question and the decision changes the law in Canada from what it had previously been. What was the law prior to the recent decision? Assume you are walking along the street or are on public … [Read more...]
All Is Not Lost: The Law of Lost and Found
“Property and law were born and die together” - Jeremy Bentham, English philosopher, The Theory of Legislation (1931) Introduction We all know the feeling when we lose something. Cell phone? Car keys? Most of us also know what it feels like to find something, such as a wallet. Losing a … [Read more...]