Introduction In Canada, employment is a legal contract. The collective agreement in unionized workplaces represents the ultimate comprehensive contract between employer and employer. It sets out the rights and obligations between the parties, including how employment-related disputes are to be … [Read more...]
Keystone XL and NAFTA
No Party may directly or indirectly nationalize or expropriate an investment of an investor of another Party in its territory or take a measure tantamount to nationalization or expropriation of such an investment ("expropriation"), except: (a) for a public purpose; (b) on a non-discriminatory … [Read more...]
Cumulative Cause.2
Introduction The constitutional freedom of expression that Canadians enjoy does not extend to private workplaces. What are employee limits on speaking out against private employers? The last Employment Law column narrated the story of Ms. Kim, a media specialist in the position of Senior … [Read more...]
The Story of Linda Gibbons
Every one who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, … [Read more...]
Cumulative Cause.1
The workplace “was not a grade five classroom”. Kim v. International Triathlon Union Introduction The workplace is a challenging setting to manage. One must be proficient at dealing with a range of people with all kinds of personalities, backgrounds and styles. The manager in small … [Read more...]
Equality Rights for Transgender Individuals in Canada
The most recent personal attributes added to the list of prohibited grounds of discrimination in Canadian human rights are “gender identity” and “gender expression.” This is generally viewed as facilitating gender diversity and, in particular, establishing legal rights and protections for … [Read more...]
Bankruptcy, Insolvency and Receivership
Canadian commercial insolvency law is not codified in one exhaustive statute. Instead, Parliament has enacted multiple insolvency statutes, the main one being the Bankruptcy and Insolvency Act. The BIA offers a self-contained legal regime providing for both reorganization and liquidation. It is … [Read more...]
Whatever Happened to …R. v. Oakes
Mr. Oakes is compelled by s. 8 to prove he is not guilty of the offence of trafficking. He is thus denied his right to be presumed innocent and subjected to the potential penalty of life imprisonment unless he can rebut the presumption. This is radically and fundamentally inconsistent with the … [Read more...]
Legal Remedies at Human Rights Commissions
Introduction Canada has one federal and separate provincial and territorial Human Rights Commissions established and governed by their respective enabling legislation. These human rights commissions exist to protect human rights, prevent discrimination, foster equality and resolve complaints. The … [Read more...]
The Law of Costs and the Cost of Law
Introduction Equality is one of the most important underpinnings of law and justice. This encompasses equal access to the law. Numerous initiatives ease the difficult and expensive engagement with law that most citizens encounter. These measures include free public legal databases, pro bono … [Read more...]