A terminal illness is any disease that curtails life even for a day.- Jack Kevorkian, National Press Club in 1992 Introduction The Carter decision of the Supreme Court of Canada appears to have been generally well received by most Canadians. Yet the decision and new implementing legislation … [Read more...]
Termination for Insolence
We hear that “attitude is everything”, and nowhere is this more important than at work. Consider whether the employee’s attitude below should be enough to justify his firing.Henry, 31, had been working for seven and a half years as an auto body repair technician at the Fox Ford dealership in … [Read more...]
Organizations Get Religion: Loyola High School v. Quebec
Introduction Do organizations and corporations have a constitutionally protected freedom of religion under the Canadian Charter of Rights and Freedoms?The Charter has existed for 34 years and we are still not clear whether non-human entities enjoy religious freedom as they do other freedoms, … [Read more...]
Job Candidates Deserve Fair Treatment of Their Applications
I have applied for many jobs in both the private and public sectors in Canada. Some were full-time, most were part-time. Several employers follow a long, drawn-out application process involving several phases: asking for numerous personal and work experience referees;written examinations; telephone … [Read more...]
The Municipal Government Board
The Municipal Government Board shall provide timely, independent, quasi-judicial appeal adjudication to all parties in the areas of assessment matters, planning, subdivision appeals, inter-municipal disputes and annexation recommendations, that yields fairness and equity consistent with the … [Read more...]
Whatever Happened to … Lac Minerals v. International Corona Resources
Introduction We expect people to show good faith and fairness to each other. Corporate morality, on the other hand, is harder to put into law. Corporations, whose primary purpose is profit maximization, seek any advantage to gain on their competitors. Where does the law draw the line? In 1989, the … [Read more...]
The Emergence of a Human Rights Legal Culture: A Quick Tour Through 800 Years of Western History
The river of refugees from Syria reminds us that human history is full of examples of how states have abused their unlimited sovereign power against their citizens. They may have denied them basic rights to express themselves or to vote for their political leaders. People may have been tried and … [Read more...]
Whatever Happened to … Confidential Sources at the National Post
"[N]o journalist can give a secret source an absolute assurance of confidentiality." - Supreme Court of Canada, per Binnie J. Introduction People who speak to and inform Canadian journalists often ask to be protected by confidentiality. Journalists depend on these tips and will promise not to … [Read more...]
Progressive Discipline
Introduction When faced with problematic workers, employers are expected to progress through a discipline procedure. In other words, firing the employee should be the last resort. Weak performance and undesirable behaviour can be improved by a series of escalating corrections that involve both … [Read more...]
Top Courts in the U.S. and Canada: A Comparison
Knowledge of Canada or the United States is the best way to gain insight into the other North American country. Nations can be understood only in comparative perspective. And the more similar the units being compared, the more possible it should be to isolate the factors responsible for … [Read more...]
