1. Miscarriage as a Workplace Disability The Ontario Human Rights Tribunal has issued a decision stating that a miscarriage can be a disability. Winnie Mou was dismissed from her position after failing to meet work targets. She had missed three weeks of work due to a deep tissue injury, and … [Read more...]
40-5: Access to Justice
This issue of LawNow looks at problems of access to justice in some unique situations and settings. Volume 40-5 May/June 2016 Full PDF of this issueTable of ContentsFeatured Articles: Access to JusticeSpecial Report: The Law and WorkDepartmentsColumns Featured … [Read more...]
Dealing with Pets after Separation, Part 2: Going to Court
In the first half of this article, I wrote about the laws on personal property that might apply when a couple can’t agree on how they’ll manage their pets after they separate. In this half, I’ll talk about the sorts of orders you can and can’t ask the court to make about pets, assuming you and your … [Read more...]
Canadian Unions: From Repression and Resistance to the Right to Strike
The history of Canadian unions is a long and storied one. The Canadian labour movement of the past was a fusion of many disparate groups, often at odds with one another. For many years, the law was inhospitable to unions, with the balance tilted in favour of employers and government. Since the … [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...]
Access to Justice: Potential Alternatives for Indigenous Peoples
About a year ago, there had been some publicity concerning Louie v. Louie BCCA, a court case where I acted as barrister and solicitor for an intervenor at the B.C. Court of Appeal. The case had involved a band member who sued his Chief and Council for a breach of fiduciary obligation. I was … [Read more...]
Access to Legal Services in Womens’ Shelters
In December 2015, the Canadian Research Institute for Law and the Family (CRILF) published a new report, Access to Legal Services in Women’s Shelters, authored by myself and Dr. Lorne Bertrand, examining access to legal services among clients of women’s domestic violence shelters. The study sampled … [Read more...]
Why Do Some Human Rights Complaints Take So Long?
From time to time, concerns are expressed about the length of time human rights complaints take to resolve. There are some circumstances where resolution of these cases does seem to take too long. Unfortunately, those who criticize the existence of human rights commissions often take these … [Read more...]
Right to Counsel Includes Access to Counsel
Introduction The right to counsel upon arrest is a constitutionally protected right under section 10(b) of the Canadian Charter of Rights and Freedoms. On July 18, 2014, the Supreme Court of Canada clarified the importance of this right in the case of R v Taylor (Taylor). In this case, the police … [Read more...]
Tips and Gratuities – Some Taxing Issues
A Simple Gift, Right? In 2012, Statistics Canada estimated the total underground economy in Canada to be $42.4 billion. What comprises this significant amount? It has been a very popular and strong focus in recent years to attribute this activity to high net worth individuals, business owners and … [Read more...]
