Privacy Rights In Shared Computers

In R. v. Reeves, the Supreme Court of Canada recently considered the extent of a person’s privacy rights in a shared computer.  This was a criminal case that centered on whether the police had properly seized the shared computer. Mr. Reeves shared a home with his common law spouse. Following domestic assault charges against him, a no contact order was issued. It prohibited him from visiting the home without his spouse’s consent. When the spouse contacted Mr. Reeves’ probation officer
Read More

The Feds & SNC-Lavalin: Taxpayers Beware

Just when it seems that the scandal currently plaguing the federal government could not get much worse, the federal government may have another trick up its sleeve. First, some background. The federal government’s procurement website states that “in 2015, we introduced a regime to ensure the government does business only with ethical suppliers….” Federal procurement policies include an Integrity Regime to “help foster ethical business practices, ensure due process and uphold the public trust. It is transparent and rigorous and
Read More

Family Status Discrimination in Employment in BC

In a recent decision in Envirocon Environmental Services, ULC v. Suen, the BC Court of Appeal confirmed that in order to establish discrimination in employment on the basis of family status, a human rights complainant must show: (1)    a change in a term or condition of employment imposed by the employer; and (2)    the change resulted in a serious interference with a substantial parental or other family duty or obligation of the employee. This confirms the approach previously set out
Read More

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. Others point out that a DPA is not a plea bargain at all, but
Read More

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
Read More

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
Read More