The Canadian Human Rights Act sets out prohibited grounds of discrimination under s. 3(1): For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, … [Read more...]
The Duty of Unions to Fairly Represent Their Members
Unions are accountable to workers by the doctrine of "duty of fair representation", the parameters of which are set out in case law.Plight of the unionized workerThe average unionized worker is in a weak position at work. In many workplaces he will, as a condition of employment, be required to … [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...]
Moving Toward a New and Improved Senate
The following is the summary of a study completed by Paul G. Thomas on the Senate of Canada. The Senate of Canada has changed significantly as a result of the 2014 decision by Justin Trudeau, then leader of the Liberal party, to remove Liberal senators from the parliamentary caucus; and by his … [Read more...]
BenchPress – Vol 43-5
Discrimination Based on Country of OriginThe Federal Court of Canada has struck down as unconstitutional a provision of the Immigration and Refugee Protection Act (IRPA). In 2012 the Act was changed to create two categories of refugees, based on their country of origin. So called “safe … [Read more...]
Disabilities and Addiction in the Workplace
Employee alcohol and drug addictions in the workplace can be very difficult issues for employers to manage. Addiction is recognized as a mental disability, which means that employers cannot automatically terminate employees because of their addiction. On the contrary, employers are required to … [Read more...]
The Legislative Process: How We Make Our Laws
Except when something particularly noteworthy occurs – such as the implementation of a radical new law or the defeat of a government over legislation it is trying to get passed – many Canadians are not aware of the details of our legislative process. In this article, I will sketch out an overview of … [Read more...]
How Are Environmental Laws Made?
Written environmental laws come in all different sizes and shapes. For example, the Canadian Environmental Protection Act, 1999 has 356 sections, six schedules and fifty-seven sets of regulations. Other environmental laws are only one page long. Big or small, they all have a few things in common. … [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...]
43-5: How We Make Our Laws
Full PDF of this issue Volume 43-5 May/June 2019Table of ContentsFeatured Articles: How We Make Our LawsSpecial Report: Employment LawDepartmentsColumns Crafting new laws is a complex and lengthy undertaking. This issue of LawNow looks at … [Read more...]
