Over the past few years, there has been a profound increase in the number of deaths associated with problematic opioid use in Canada. From the beginning of 2016 to mid-2018, there have been over 10,300 opioid-related deaths. And according to Statistics Canada, the national life expectancy at birth … [Read more...]
Ottawa situation highlights governance obligations in managing misconduct risks
News earlier this year of the mass resignation of the Board of the Ottawa Lions Club should come as no surprise to followers of recent developments in organizational governance. The resignations came in response to a report commissioned by Athletics Canada into the group’s handling of allegations of … [Read more...]
Medical Assistance in Dying and its Enforceability in a Personal Directive
The Supreme Court of Canada upheld a blanket prohibition on assisted dying in its 1993 decision Rodriguez v. British Columbia (AG), in which the Court stated that aiding or abetting a person to commit suicide was considered a criminal offence. Many argued that this left individuals with an unfair … [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...]
43-6: Pulse on Health Law
Full PDF of this issue Volume 43-6 July/Aug 2019Table of ContentsFeature Articles: Health LawSpecial Report: Freedom of SpeechDepartmentsColumns Emerging technologies and societal concerns create new challenges for healthcare. This issue … [Read more...]
Evolution of our Freedom of Expression
We tend to take for granted that in Canada we are generally free to express, and to publish or broadcast, our views and opinions about almost any subject imaginable. However, it was not always this way. In early times, those who espoused views which were not in keeping with the majority, or with the … [Read more...]
When Can the Right to Freedom of Expression be Curtailed?
Section 2 of the Canadian Charter of Rights and Freedoms protects our freedom of expression, but this freedom is not absolute.The right to express our opinions is a crucial element of a democracy. Freedom of expression is a basic characteristic of personal development. It gives us the right to … [Read more...]
The Key Provisions and Case Law Which Define Hate Speech
Within Canadian society, hate speech and the promotion of hatred is addressed at both the federal and provincial level. At the federal level, the key piece of legislation addressing this issue is the Criminal Code. Section 319(2) makes it an offence to publicly communicate statements that wilfully … [Read more...]
Building the New Jerusalem, One Clause at a Time
The Saskatchewan Bill of Rights, 1947, was landmark legislation that inaugurated a new era in Canadian law. The Bill, which contained a clear description of the rights and freedoms to be protected by the provincial government, anticipated the much better known document of the United Nations, which … [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...]
