On February 28, 2020, the Supreme Court of Canada refused to strike damages claims for international human rights abuses and Canadian torts by three former workers at a Canadian majority-owned mining company in Eritrea. In the five-to-four majority decision in Nevsun Resources Ltd v Araya, the court … [Read more...]
Overt Discrimination and Hate Crimes are Increasing During COVID-19
Generally, when talking about the situation in Canada, the emphasis is on the prevalence of systemic discrimination —policies or practices that are part of an organization, which perpetuate disadvantage. This is pervasive in Canada and difficult to address because it is reinforced by acceptance as … [Read more...]
COVID-19 Support: Getting the ‘best bang for the buck’
The COVID-19 pandemic has devastated charity and non-profit organizations’ revenue sources to an extent rarely, if ever, seen before. Though some high-profile groups saw governments and the public funnel generous support to them and there have been a few clever online initiatives to raise money, … [Read more...]
Bad Behaviour 5.0: Employees getting away with …
A 2006 Alberta case highlights the difficulties employers face when trying to deal with an employee who is frequently absent and battling an addiction.Whitford was not given sufficiently clear and detailed warnings about his misconduct, was mislead [sic] by approvals granting him leave, and was … [Read more...]
Medical Treatment: When can I give my own consent?
We are in the middle of a global health crisis – the COVID-19 pandemic. With health on everyone’s mind, now is a perfect time to talk about when you can give your consent to medical treatments, without your parents’ approval. To be clear, by youth we mean anyone under the age of majority in the … [Read more...]
Volunteer Lawyers & Pro Bono Organizations in Alberta
Lawyers across Alberta spend countless hours each year volunteering with legal clinics and court programs to assist vulnerable individuals with their legal problems. Without help, these individuals would otherwise represent themselves – called self-represented litigants or SRLs. Volunteer lawyers … [Read more...]
Can I Be Liable for the Actions of My Volunteer?: Vicarious liability and volunteers
In many volunteer-driven organizations, volunteer coordinators or boards may hold the view that the organization is not liable for negligent or intentionally injurious actions of its volunteers. This can sometimes be the benefit of using volunteers. They are not employees and, therefore, the same … [Read more...]
Fixing Canadian Crown Copyright
The federal Copyright Act establishes the legal framework for use of copyright-protected works in Canada. Under the Act, rights-holders have the exclusive right to reproduce and re-use substantial amounts of a work unless such uses fall under one of the statutory exceptions to copyright … [Read more...]
The Pandemic, Charities and Volunteers
As I write this, the coronavirus pandemic is shining an unexpected spotlight on charities and non-profit organizations. Canada is reputed to have – in economic terms – one of the largest and most dynamic voluntary sectors in the world. It is estimated to account for more than two million jobs and to … [Read more...]
The Constitutional Right to Marijuana in Canada: R v Parker
If a rule of criminal law precludes a person from obtaining appropriate medical treatment when his or her life or health is in danger, then the state has intervened and this intervention constitutes a violation of that man's or that woman's security of the person ... R v Parker, [2000] OJ No 2787 … [Read more...]
