canadian charter of rights and freedoms
May 21, 2013 Christina Catenacci Employee Relations, Human Resources, Human Rights, Union Relations,
Last year, the Saskatchewan Court of Queen’s Bench concluded that amendments to the Essential Services Act impeded workers from exercising their fundamental freedom of association, which includes the right to associate and organize, the right to bargain collectively, and the right to strike. Relying on a decision of the International Labour Organization, the Court found that the Act completely and utterly violated section 2(d) of the Canadian Charter of Rights and Freedoms. The Court gave the government one year to amend the legislation, but instead, it appealed the ruling. On April 26, 2013, the Saskatchewan Court of Appeal upheld amendments to the Essential Services Act and ruled that whether or not the Charter protects a right to strike is a matter that should be left to the Supreme Court of Canada to decide.
canadian charter of rights and freedoms, Charter, Constitution, Constitutional right to strike, Court of Appeal, essential services, Essential Services Act, freedom of association, ILO, Industrial Relations, International Labour Organization, international obligations, Labour Law, Labour Trilogy, Public Service Essential Services Act, right to associate and organize, right to bargain collectively, right to strike, Saskatchewan Court of Queen's Bench, Saskatchewan Federation of Labour, societal and jurisprudential changes, strike, Striking workers, Supreme Court of Canada, Trade Union Amendment Act, union, Unions
April 30, 2013 Christina Catenacci HR Policies and Procedures, Human Resources, Human Rights, Union Relations,
As predicted, there was an application for leave to appeal Air Canada’s mandatory retirement case to the Supreme Court of Canada; however, without providing any reasons, the Supreme Court of Canada dismissed the application and refused to hear the matter.
Air Canada, Air Canada pilots, canadian charter of rights and freedoms, Canadian Human Rights Act, Canadian Human Rights Tribunal, Charter, employment law, Federally regulated workplaces, Labour Law, leave to appeal, mandatory retirement, mandatory retirement age, Supreme Court of Canada, temporary help agencies, transportation, Vilven and Kelly
February 14, 2013 Yosie Saint-Cyr Employee Relations, HR Policies and Procedures, Human Resources, Human Rights,
The three most viewed articles on HRinfodesk this week deal with an employer’s dress code, if a criminal conviction can be viewed as a disability and how guetto comments in the workplace can be construed as discriminatory.
canadian charter of rights and freedoms, Criminal convictions, criminal offence, Disability, discrimination, dress and appearance codes, dress code, duty to accommodate, ethnicity, Ghetto comments, offensive comments, Ontario Human Rights Tribunal, outfit was too casual for the workplace, policies and procedures, race, racism, Tatoos, termination
October 25, 2012 Alison J. Bird Employee Relations, HR Policies and Procedures, Human Resources, Privacy and Security,
The Supreme Court of Canada released its much-awaited decision in R. v. Cole, 2012 SCC 53, on October 19. This criminal law case is notable for employers because it provides commentary on an employee’s right to privacy when using an employer-supplied laptop.
Acceptable Use Policy, canadian charter of rights and freedoms, criminal law case, employee handbook, employee’s right to privacy, employer-supplied laptop, employment law, police violated Cole’s right to privacy, policies and procedures, policy manual, R. v. Cole, reasonable expectation of privacy, search warrant, Supreme Court of Canada, workplace policies and practices
August 24, 2012 Christina Catenacci Human Resources, Human Rights, Union Relations,
Since the Federal Court of Appeal upheld the mandatory retirement practice for Air Canada pilots, some developments have taken place. First, in the primary Vilven and Kelly case, there will likely be an application filed to obtain leave to appeal to the Supreme Court of Canada regarding the constitutionality of section 15(1)(c) of the Canadian Human Rights Act.
bona fide occupational requirement, canadian charter of rights and freedoms, Canadian Human Rights Act, Charter, discrimination, federal court of appeal, Industrial Relations, judicial reviews, Labour Law, leave to appeal, mandatory retirement, mandatory retirement practice, motions, noraml age of retirement, Supreme Court of Canada, Thwaites et al, union, Unions, Vilven and Kelly
July 13, 2012 Christina Catenacci Human Resources, Human Rights,
As you may recall, Air Canada pilots launched human rights complaints on the ground of age discrimination because the company forced them to retire at age 60. In a history of decisions spanning back to 2007 challenging the Air Canada policy that requires pilots to retire at the age of 60, which section 15(1)(c) of the Canadian Human Rights Act purports to allow, the Canadian Human Rights Tribunal recently made two more decisions. One involved…
age discrimination, age-based job requirement or qualification, Air Canada, Air Canada pilots, Bailie et al, bona fide occupational requirement, canadian charter of rights and freedoms, Canadian Human Rights Act, Canadian Human Rights Tribunal, discrimination, employment law, Federal Court, mandatory retirement, normal age of retirement, normal retirement age, pilots, Thwaites et al, Vilven and Kelly
June 20, 2012 Suzanne Cohen Share Accessibility Standards, Human Resources, Human Rights, Integrated Accessibility Regulation, Standard for Customer Service, Standard for Information and Communications,
The Federal Court of Appeal has upheld a legally blind woman’s 2010 legal victory over the federal government, ordering the government to make its websites accessible to blind persons. It may not be a case under the Accessibility for Ontarians with Disabilities Act, but it does show us how website accessibility matters and has an impact on promoting accessibility for persons with disabilities.
Accessibility for Ontarians with Disabilities Act, Accessible websites, AODA, blindness, canadian charter of rights and freedoms, Disability, discrimination, Donna Jodhan, equal access to online information, Integrated Accessibility Standards Regulation, ontario, Physical disability, visual impairments, web accessibility, Web Content Accessibility Guidelines, website accessibility
May 31, 2012 Yosie Saint-Cyr Employee Relations, Human Resources, Human Rights, Union Relations,
Through Standing Committee on Social Policy hearings, the government heard that students should be allowed to call student-led, single-issue groups specifically “Gay-Straight Alliances” or other similar names. This has angered some Christians, among them Evangelical and Catholic groups as well as their leaders, who feel that this Bill would force them to allow clubs with the name “Gay-Straight Alliance” in their schools. They feel accepting such a premise violates their beliefs, Charter rights and religious freedom.
2011, Anti-bullying, anti-bullying laws, Bill 13, Board employees, bullying, canadian charter of rights and freedoms, Catholic school board, Education Act, employment law, Freedom of religion, Gay-Straight Alliances, Ontario Catholic School Trustees Association, Ontario English Catholic Teachers Association, the Accepting Schools Act
February 17, 2012 Christina Catenacci Human Resources, Union Relations
After examining Canada’s international labour obligations, Saskatchewan’s Court of Queen’s Bench, has confirmed that section 2(d) of the Charter (the freedom to associate) includes the right to strike. This is something the courts have historically refused to admit in their decisions.
canadian charter of rights and freedoms, Charter, Committee on Freedom of ASsociation, employment law, essential services, freedom of association, freedom to associate, ILO, Industrial Relations, International Labour Ogranization, international standards, Labour Law, legislation violate Charter rights, Public Service Essential Services Act, right to strike, Saskatchewan, Saskatchewan’s Court of Queen’s Bench, Supreme Court of Canada
January 30, 2012 Yosie Saint-Cyr Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits
Under employment standards legislation, birth mothers receive a total of 52 weeks of leave when they combine maternity (17 weeks) and parental leave (35 weeks), and are entitled to receive a total of 50 weeks of EI benefits (15 weeks maternity, 35 weeks parental) for that period. However, the same benefits are not available to adoptive mothers, who only receive 37 weeks of parental leave and 35 weeks of EI benefits. Now a new movement to challenge the law to provide equal EI benefits to adoptive parents is gaining momentum…
Adoptive mothers, Adoptive parents, biological mothers, birth mothers, canadian charter of rights and freedoms, discrimination, EI benefits, Employment Insurance, Employment Insurance Act, employment law, Employment Standards legislation, federal court of appeal, maternity leave, maternity leave benefits, parental leave, parental leave benefits, physiological and psychological experience, pregnancy and childbirth, pregnancy leave, Section 15(1) of the Charter, Supreme Court of Canada, Tomasson v. Canada (Attorney General)
May 6, 2011 Christina Catenacci Employment/Labour Standards, Human Resources
The Supreme Court of Canada has finally released its decision in Ontario (A.G.) v. Fraser affecting the working lives of agricultural workers in Ontario. The decision demonstrates just how divided opinions are on the question of limiting workers’ freedom of association under section 2(d) of the Canadian Charter of Rights and Freedoms, particularly restricting unionization and collective bargaining.
Agricultural Employees Protection Act, Agricultural sector, agricultural workers, canadian charter of rights and freedoms, Collective Bargaining, employment law, equality, Farming, Farms, freedom of association, good faith negotiation, Labour Law, labour relations, Labour Relations Act, ontario, Supreme Court of Canada, Unions
March 31, 2011 Yosie Saint-Cyr Human Resources, Privacy and Security
On March 22, 2011, the Ontario Court of Appeal rendered a significant judgment concerning the protection of privacy in the workplace. Specifically, the Court determined that an employee had an expectation of privacy when using a laptop made available by the employer on which he was allowed to retain personal information.
canadian charter of rights and freedoms, child pornography, computer, conduct and behaviour, criminal code, employee relations, employment law, expectation of privacy, Individual privacy in the workplace, Internet and email use, search warrant, use the laptops for personal use, workplace policies, workplace privacy
January 18, 2011 Earl Altman Human Resources, Human Rights
Section 15.1 of the Canadian Charter of Rights and Freedoms (Charter) provides that “every individual is equal before and under the law and has the right to equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on…age.”
Air Canada, bona fide occupational requirement, canadian charter of rights and freedoms, Canadian Human Rights Act, Canadian Human Rights Tribunal, Charter rights, discrimination, employment law, federally regulated industries, forced retirement, mandatory retirement, normal retirement age, retirement policy
January 12, 2011 Yosie Saint-Cyr Accessibility Standards, Standard for Customer Service, Standard for Information and Communications
On January 11, 2011, the Treasury Board Secretariat announced that the federal government will file an appeal of a court decision that ordered Ottawa to make all government websites accessible to the blind within 15 months.
Accessibility for Ontarians with Disabilities Act, accessibility ruling, Accessibility standards, AODA, blind, canadian charter of rights and freedoms, Donna Jodhan v. Attorney General of Canada, Treasury Board Secretariat, visually impaired, website accessibility
January 4, 2011 Yosie Saint-Cyr Health and Safety, Human Resources
A Quebec workers’ compensation tribunal has ruled that reducing injured workers’ income replacement benefits at the retirement age of 65 is unconstitutional because it discriminates on the basis of age, contrary to both the Quebec Charter of Human Rights and Freedoms (section 10) and the Canadian Charter of Rights and Freedoms (section 15).
Act respecting industrial accidents and occupational diseases, canadian charter of rights and freedoms, canadian employment law, Charter, Charter rights, discrimination based on age, employment law, injured workers’ income replacement benefits, injured workers’ income replacement benefits at the retirement age of 65, older workers, Quebec Charter of Human Rights and Freedoms, WCB benefits, workers compensation, workers’ compensation tribunal
Hi John, Thanks for your comment. Check out paragraph 67 of the decision: "Accordingly, none of what I have written above is to suggest or... – May 22, 4:38 PM
This is really spin doctoring the decision. My firm appeared at the Court of Appeal for an intervenor the University of Saskatchewan. Whatever the Supreme... – May 22, 1:00 AM
Most-viewed articles this week on HRinfodesk
February 14, 2013 Yosie Saint-Cyr Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, 0
The three most viewed articles on HRinfodesk this week deal with an employer’s dress code, if a criminal conviction can be viewed as a disability and how guetto comments in the workplace can be construed as discriminatory.
Share this:
canadian charter of rights and freedoms, Criminal convictions, criminal offence, Disability, discrimination, dress and appearance codes, dress code, duty to accommodate, ethnicity, Ghetto comments, offensive comments, Ontario Human Rights Tribunal, outfit was too casual for the workplace, policies and procedures, race, racism, Tatoos, termination