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...]
Privacy and Medical Information in the Workplace
How can we balance an employer's right to know about illness or disability and an employee's right to privacy? Requesting medical information from employees may raise privacy issues. Employees have the right to keep their medical information confidential and private. But employers also have the … [Read more...]
New & Updated Resources at CPLEA – Vol. 43-1
LawNow has created a Department called New Resources at CPLEA, which is now a permanent addition to each issue. Each post will highlight what's new, updated/revised or popular at CPLEA. All resources are free and available for download. We hope that this will raise awareness of the many resources … [Read more...]
The Significance of the Charter in Canadian Legal History
The Canadian Charter of Rights and Freedoms is a bill of rights - a statement of rights and freedoms that was added to the Constitution in 1982. Looking Back 2017 not only marks 150 years since the British North America Act, 1867 (better known today as the Constitution Act, 1867), came into being, … [Read more...]
Celebrating Anniversaries: A Year after CHRT’s Ruling on Discriminatory Funding of Welfare Services for First Nations Children
January 26, 2017 marked the first-year anniversary of the Canadian Human Rights Tribunal’s (“The Tribunal”) landmark decision regarding the issue of funding for child welfare services provided to First Nations children on reserve and in the Yukon. The complaint was filed in 2008 by the First Nations … [Read more...]
Cumulative Cause.2
Introduction The constitutional freedom of expression that Canadians enjoy does not extend to private workplaces. What are employee limits on speaking out against private employers? The last Employment Law column narrated the story of Ms. Kim, a media specialist in the position of Senior … [Read more...]
Human Rights and A Poisoned Work Environment
There have been several recent news stories about harassment issues in Canadian workplaces. For example, a 2013 review of the Calgary Police Services workplace was recently released, containing detailed allegations of sexual harassment, intimidation, bullying and even sexual assault within the … [Read more...]
Cumulative Cause.1
The workplace “was not a grade five classroom”. Kim v. International Triathlon Union Introduction The workplace is a challenging setting to manage. One must be proficient at dealing with a range of people with all kinds of personalities, backgrounds and styles. The manager in small … [Read more...]
Solitary Confinement: “Abandon Every Hope, Ye who Enter”
“Abandon every hope, ye who enter” DANTE In 2003, an artist named Jackie Sumell created a project that rebuilt an Angola inmate’s tiny 6x9 foot cell where he spent 41 years in solitary confinement. The cell toured the United States for the sole purpose of raising awareness about solitary … [Read more...]
Genetic Discrimination is Being Addressed in Canadian Law
With many recent advances in technology, testing can disclose information about people’s health that was not available even a few years ago. For example, genetic testing can reveal that a person has a gene mutation that causes or increases the risk of an inherited disorder. This information may be … [Read more...]