Changes to privacy laws are coming: How to prepare your...
Changes to privacy laws are coming: How to prepare your organization for Bill C-27 (Digital Charter Implementation Act, 2022).
Secretly Recording Workplace Conversations Can Result in Termination
In recent years, there has been an increase in the prevalence of employees secretly recording conversations in the workplace. While it is not unlawful for a conversation to be recorded when only one person is aware that the recording is being taken, the undisclosed recording of conversations can raise privacy concerns. The recent decision of […]
Labour Arbitrators, not Human Rights Tribunals, have exclusive jurisdiction over...
On October 22, 2021, the Supreme Court of Canada released the decision of Northern Regional Health Authority v Horrocks, 2021 SCC 42 in which it explained that human rights tribunals are without jurisdiction to consider human rights disputes arising from the interpretation, application or alleged violation of a collective agreement. Such issues fall within the […]
Impact of COVID-19 on the Reasonable Notice Period
In every non-unionized employment relationship, the employer has an implied common law obligation to give the employee reasonable notice of its intention to terminate the employment relationship, unless there is just cause for termination. If the employer fails to give the employee reasonable notice of termination, the employer risks a wrongful dismissal action for breach […]
Mandatory Vaccination Policies: Considerations for Employers
Following the Government of Canada’s announcement on August 13, 2021 that it would be mandating COVID-19 vaccinations for those employed in the federal public sector and in the federally-regulated air, rail, and marine transportation industry, a growing list of Canadian employers have followed suit in announcing their own vaccine mandates. This list now includes five […]
Too Big to Fail: Recent Cybersecurity Incidents Highlight Critical Infrastructure...
Click here to view PDF version. As the COVID-19 pandemic and its fallout continues to challenge health care systems, supply chains, and essential services around the world, the growing cybersecurity threat of ransomware must be addressed by policy makers given its potential impact on already strained critical infrastructure networks. What is ransomware? Ransomware is a […]
More than Just a Stamp: Proposed Vaccine Passports Raise Privacy...
Click here to view PDF version. As the number of Canadians receiving COVID-19 vaccines continues to rise, vaccine passports are now sparking discussion as a means to return to “normal”. However, privacy commissioners and ombudspersons across Canada have stressed that these proposed tools raise a host of privacy and data security concerns, many of which […]
Hands Off: Appeal Court Decision Strikes Border Agents’ Warrantless Device...
Travelers crossing into Canada must provide their device passwords for Border Security Officers upon request in order to facilitate searches. This creates significant privacy implications for all travelers but lawyers, in particular, should be aware of the scope of the Canadian Border Services Agency’s searching authority, which could impact their duty of confidentiality and solicitor-client privilege.
Mandatory Masking Human Rights Complaint Rejected
The requirement to wear face masks in public indoor settings to curb the spread of COVID-19, subject to certain exemptions, has resulted in a surge of human rights complaints across the country in the context of both accessing services and employment. Based on the large volume of complaints and the public interest regarding mandatory mask-wearing […]
Breach of COVID-19 Policy Justifies Termination
COVID-19 has dominated our world for the past year. It has touched every facet of our lives. It has resulted in ever-changing rules, policies and procedures being implemented that affect the way we work, shop, socialize and engage in extra-curricular activities. Employers, in particular, have been required to radically change the way things have always […]