In my university days and for years after I made a point of seeking out the best literary criticism to further my appreciation of the classic novels and poems I was reading. One work of criticism that has been a lodestar for me over the years is Irving Howe’s impressive account, Politics and The … [Read more...]
The Duty of Unions to Fairly Represent Their Members
Introduction About one-third of all Canadian workers, and most public sector employees, are members of unions, sometimes by choice and sometimes by legislation. Unions offer greater collective power than an individual generally can marshal for the negotiation and administration of collective … [Read more...]
Law in the Public Interest
In this issue of LawNow, the Special Report focuses on Public Interest Standing in courts and other tribunals. That got me thinking about public interest law in general. The Career Development Office of the University of Toronto says: Public interest or social justice law has been described as … [Read more...]
Marc Ribeiro v. Dragons’ Den
Introduction The modern phenomenon of reality television can be a tough business. What makes it interesting for viewers is what appears to be the spontaneous drama, the unpredictable turns and utterances and the raw, unscripted human confrontation. Television broadcasts the glorious performances … [Read more...]
Solitary Confinement is a National Disgrace
I have been privileged to visit Fort McPherson, in the Northwest Territories, a number of times since 2011. It is a pleasant little Gwich’in community located on the banks of the Peele River southwest of Inuvik, within sight of the Richardson Mountains to the west. It is one of the few remote … [Read more...]
The Right of First Nations Peoples to a Representative Jury
On November 21, 2014, in R v Kokopenace, the Supreme Court of Canada granted leave to appeal a case from the Ontario Court of Appeal (2013 ONCA 389). The case deals with what duty the Ontario government has to ensure that First People who live on reserve are included on jury rolls (list of potential … [Read more...]
Cold War Casualties in the True North Strong and Free
I have just had the exhilarating experience of reading the new novel by Winnipeg’s Margaret Sweatman, a political thriller set in the heart of the Cold War years. I was intrigued by the title – Mr Jones – as that was indeed the name we gave to the first book club I belonged to – the Mr. Jones Book … [Read more...]
The Gallant Yet Illegal Cause: Canadians in the Spanish Civil War
It was in Spain that men learned that one can be right and still be beaten, that force can vanquish spirit, that there are times when courage is not its own reward. It is this, without doubt, which explains why so many men throughout the world regard the Spanish drama as a personal tragedy. - Albert … [Read more...]
Whatever Happened To . . . Can. Aero v. O’Malley
Ethics disqualifies a director or senior officer from usurping for himself or diverting to another person or company with whom or with which he is associated a maturing business opportunity which his company is actively pursuing; he is also precluded from so acting even after his resignation . . . - … [Read more...]
Employees on Probation
Since it takes away an employee's usual rights, a probationary period must be expressly agreed to by the employee. It cannot be implied into the relationship. The [employer] must clearly indicate what will happen if the relationship ends before the probation terminates. - Easton v. Winslow … [Read more...]
