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 […]
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 […]
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 […]
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 […]
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 […]
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.
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 […]
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 […]
In a year like no other, there have been steady developments in the landscape of employment & labour and human rights law. Some of these developments were long anticipated, including the effect of termination on bonus compensation and the legality of mandatory arbitration clauses in the gig economy. Perhaps the most interesting cases, however, are […]
On November 17, 2020, the federal government introduced Bill C-11, the Digital Charter Implementation Act, 2020 (DCIA), which, if passed, will significantly reshape the Canadian privacy landscape. Organizations handling personal information must consider how the CPPA could impact their operations and take steps to implement the necessary data protection procedures to meet their obligations under the new law.