Image, "Old printing press" by sridgway is licensed under CC BY 2.0.
Bardal v Globe & Mail is one of Canada’s most important employment law precedents. Although it is an Ontario court decision, its approach has been approved by the Supreme Court of Canada.
Facts
After serving as the assistant advertising manager of the...
An employee who is fired without just cause is entitled to reasonable notice of termination or severance pay instead of that notice. Determining how much severance an employee is entitled to depends on several factors including legislation, the common law,...
Image: "Fragment of The Famous Five Monument" by Dmitri Lytov is licensed under CC BY-SA 3.0.
In the 1920s, section 24 of the B.N.A. Act, 1867, now the Constitution Act, 1867 stated, and still states, that the Governor-General shall summon “qualified persons” to the Senate.
Emily Murphy was the wife of an Anglican minister, mother to four...
Image: Interview by Nick Youngson CC BY-SA 3.0 Pix4free.org
During a job interview, should an applicant disclose her pregnancy to a potential employer?
Doing so may assure she is not hired and leave her unable to prove that not getting the job had anything to do with her pregnancy.
Not disclosing...
Image: "Pregnant" by Frank de Kleine is licensed under CC BY 2.0.
Brooks v. Canada Safeway Ltd., [1989] 1 SCR 1219 was a landmark decision about discrimination against pregnant women.
Facts
In the early 1980s, Canada Safeway’s group insurance plan provided compensation to employees who were unable to work due to accident or sickness.
The...
Image: "Marieval Mission, Cowesses Indian Residential School in Elcapo Creek Valley, Saskatchewan, 1923 / Mission de Marieval, Pensionnat indien de Cowesses, dans la vallée d’Elcapo Creek (Saskatchewan), 1923" by BiblioArchives / LibraryArchives is licensed under CC BY 2.0
In “A Less Private Practice: Government Lawyers and Legal Ethics”, a 2020 paper published in the Dalhousie Law Journal, Jennifer Leitch discusses the role of government lawyers amid claims for compensation relating to the St. Anne’s residential school.
It is now...
Image: "day 18/365" by shehan365 is licensed under CC BY-NC-ND 2.0
Last week’s article looked at the 2006 Indian Residential School Settlement Agreement (IRSSA) and the Independent Assessment Process (IAP) claims resolution process.
This was a system to provide for compensation as a result of experiences at residential schools. This system was...
Image: "Rep of Missionary Oblates of Mary Immaculate in Canada apologizes for their role in residential schools" by The United Church of Canada is licensed under CC BY-NC-ND 2.0
Recently, the remains of 215 children were discovered in unmarked mass graves on the site of Kamloops Residential School.
There is a sense that there may be more. That sites like this may exist elsewhere in Canada.
The school was operated by...
Image: "Stop school closure OLB" by Backbone Campaign is licensed under CC BY-NC-SA 2.0
As Mothers’ day 2021 approached, schools closed in Alberta and Ontario and parts of Manitoba. At the time of writing, Alberta’s schools had reopened, but schools in Ontario and parts of Manitoba remained closed.
B.C. schools closed briefly in March, 2020,...
Image: "poked and prodded baby - _MG_4085" by sean dreilinger is licensed under CC BY-NC-SA 2.0
Today a troubling story out of my home province of Saskatchewan.
If statements coming out of that province are true, this problem exists in other provinces too.
A woman who is an Indian citizen, referred to as “Jo”, traveled to Canada...
