A recent LawNow article outlined the constitutional history and framework of bilingualism in Canada. In this article, we focus on Quebec’s 1977 Charter of the French Language, popularly known as Bill 101. This legislation raised the question of whether a provincial government could broadly … [Read more...]
Reading Between the Lines: Implied terms in individual employment contracts
An overview of the unwritten and unspoken terms implied by law and by fact into employment contracts. In Canada, every non-unionized employee has a contractual relationship with their employer. What does that contract look like? Employment contracts may be written or oral, or both. When you sign … [Read more...]
In Loco Parentis
… only minor corrective force of a transitory and trifling nature. [No] corporal punishment of children under two or teenagers. Degrading, inhuman or harmful conduct is not protected. Discipline by the use of objects or blows or slaps to the head is unreasonable. Teachers may reasonably apply force … [Read more...]
The Constitutional Basis for Bilingualism in Canada
Language is not merely a means or medium of expression; it colours the content and meaning of expression. It is ... a means by which a people may express its cultural identity. It is also the means by which the individual expresses his or her personal identity and sense of individuality. - Ford v … [Read more...]
How Earnings Must Be Paid
Introduction In 1981, when I was a student working for the summer in London, England, every two weeks I would walk over to another building and join a queue to collect my pay packet. In the little cardboard pouch, I found a very narrow strip of paper of numbers that explained how my earnings and … [Read more...]
Confidentiality Clauses: the Jan Wong Case
. . . I can’t disclose the amount of money I received I’d just been paid a pile of money to go away . . . Two weeks later a big fat check landed in my account. Even with a vastly swollen bank account . . . Introduction Almost all lawsuits are settled or abandoned. Only about 5% go … [Read more...]
Whiten v Pilot Insurance
Insurance contracts … are sold by the insurance industry and purchased by members of the public for peace of mind. The more devastating the loss, the more the insured may be at the financial mercy of the insurer, and the more difficult it may be to challenge a wrongful refusal to pay the … [Read more...]
Compelled Expression
The core values which free expression promotes include self-fulfilment, participation in social and political decision-making, and the communal exchange of ideas. Free speech protects human dignity and the right to think and reflect freely on one’s circumstances and condition. It allows a person to … [Read more...]
Bad Behaviour 4.0: Employees getting away with . . .
If an employee has been guilty of serious misconduct, habitual neglect of duty, incompetence, or conduct incompatible with his duties, or prejudicial to the employer’s business, or if he has been guilty of willful disobedience to the employer’s orders in a matter of substance, the law recognizes the … [Read more...]
Police Demanding Evidence from Journalists: The Vice Media Case
Introduction How do police detect crimes? Like us, the police do not see many crimes taking place when they are walking or driving around. They become aware of crimes when people report them. They occasionally detect crimes online. Some people communicate with journalists to publicize their … [Read more...]