Solicitor Client Privilege & DPAs: Mum’s the Word

On September 19, 2018, amendments to the Criminal Code came into force establishing Deferred Prosecution Agreements (DPAs), for the first time in Canada. They had at that time escaped the radar, slipped into an omnibus bill, labeled “remediation agreements.” DPAs have been described as a type of plea bargain for corporations facing potential criminal prosecution, though admittedly on a much larger scale than exists for individuals. A DPA essentially suspends outstanding charges and establishes certain undertakings that the organization must
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Employment Discrimination Against Caucasians in B.C.

A recent B.C. Human Rights Tribunal case involved a twist, in which Caucasian employees claimed their Asian boss had discriminated against them at work. This was a reversal of the more common situation where discrimination is alleged against a member of a historically disadvantaged group. The problems arose after a change in ownership at the Spruce Hill Resort and Spa, in the Caribou region of B.C. Mr. Chan, the new owner of the resort, was overseeing major renovations at the
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New Temporary Foreign Worker Protection Act, B.C.

Bill 48, the Temporary Foreign Worker Protection Act, B.C. (the “Act”) has received royal assent.  While these provisions will not come into effect until the government issues additional regulations, recruiters and employers of temporary foreign workers will need to become familiar with these changes. The intention of the Act is to provide greater protection to temporary foreign workers.  It will require individual foreign worker recruiters to be licensed, and prospective employers of temporary foreign workers to hold a certificate of
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Public Transit Safety

In Ottawa about two weeks ago, a double decker public transit bus crashed into a bus shelter. Three people died and 23 others were injured. As this news broke, I couldn’t help but think of the TTC, the Toronto Transit Corporation, just a few hours’ drive away. Within the last eight or nine years, the TTC has been conducting drug and alcohol testing on its employees in certain circumstances. So far, the TTC has been largely successful in defending its
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Federal Employment Law Changes

Federal employment law changes are pending for later in 2019. Well, at least possibly. This of course assumes that the writ for the next federal election is not dropped before the changes become effective. The changes are part of federal Bill C-86, which received royal assent on December 13, 2018.  This Bill contains a number of changes, including far-reaching changes to the Canada Labour Code, the Employment Insurance Act, and federal pay equity legislation. The changes will apply to federally
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Action, Following Broncos’ Deaths

Many Canadians, myself included, have friends or family members who have died, or been seriously injured, in highway collisions with semis. Yesterday morning, in a provincial court in my home province of Saskatchewan, the driver of the semi that collided with the Humboldt Broncos’ team bus pled guilty to 16 counts of dangerous driving causing death and 13 counts of dangerous driving causing bodily harm. It was reported that the driver had no alcohol in his system and was not
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