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Recent updates on the legalization of marijuana

Employers may prohibit the use of recreational marijuana at work or during working hours and may also prohibit employees from attending work while impaired. Workplace rules regarding non-medical use of marijuana may be enforced through the application of the employer’s substance abuse and progressive discipline policies. Find out how.

 

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Update regarding the Metron Construction case: Kazenelson’s appeal dismissed, 3.5-year sentence upheld

Over the past couple of years, I have written about the story regarding the project manager involved at the work site where Metron Construction Incorporated (Metron) was repairing 18-story apartment buildings using a swing stage. The charges arose from an incident where five workers employed by Metron fell more than 100 feet to the ground when the swing stage on which they were working suddenly collapsed. Some developments in this matter have occurred.

 

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Proposal to legalize marijuana: What does this mean for employers?

On April 13, 2017, Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, was introduced by the federal government in order to enact the Cannabis Act. You may be wondering, what does this mean for employers?

 

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Quid pro quo: Barring U.S. citizens from Canada for DUI offenses

Last month, the Canadian media reported on several instances of Canadian citizens being barred from the United States because they admitted to smoking marijuana, even if they had never been charged with or convicted of controlled substance possession. Canadian Public Safety Minister Ralph Goodale described the banning of Canadians as a “ridiculous situation” that needed to be addressed. However, in order to examine this issue in the proper context, we should consider how the Government of Canada treats United States citizens who seek entry into our country.

 

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Supreme Court decision may protect defendants charged with OHSA offences from unreasonable delay

A recent decision from the Supreme Court of Canada could have the effect of allowing corporations charged under the OHSA to seek remedies when a trial is unreasonably delayed in a considerably broader swath of cases.

 

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Apology for workplace sexual harassment

It was recently reported in the media that after signing a peace bond, Jian Ghomeshi apologized in court on May 11, 2016, for his “sexually inappropriate conduct” towards a former co-worker who accused him of sexually assaulting her. Following the apology, the Crown withdrew the criminal charge of sexual assault for which Ghomeshi was slated to stand trial on June 6, 2016.

 

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Changes in the Criminal Code: Employee rights in a time of legal chaos

In 2016, employees may be faced with requests from employers or from others whom the employees serve to participate in activities that are prohibited by the Criminal Code. There are two areas, in particular, of potential legal conflict in the workplace:

 

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Ontario court sends message of deterrence by sentencing project manager to 3.5 years imprisonment from preventable workplace fatalities

As most of you recall, on December 24, 2009, five construction workers fell from a stage swing on a residential building that was been used so that the workers could fix the concrete on the building. There were six workers on the platform but only two secure lifelines and only one of the workers had secured himself. When the platform split, four of the workers were killed and one miraculously survived the 100 foot drop albeit with serious injuries.

 

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Construction manager is given prison sentence of three and one half years

Construction project manager receives prison time for Toronto scaffold deaths under health and safety criminal negligence in the Criminal Code..

 

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How to create an occupational health and safety policy manual

With heightened scrutiny over workplaces and increased penalties for workplace incidents causing injuries—or worse, death—employers must ensure they understand their obligations under occupational health and safety legislation. One of the fundamental obligations is to prepare workplace safety and health policies and procedures and to train employees and supervisors on them. But where to start?

 

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Project manager guilty of health and safety criminal negligence in Metron Construction case

The Ontario Superior Court of Justice ruled that the Crown proved beyond a reasonable doubt that a project manager was criminally negligent in causing the deaths of four workers and bodily harm to one involved in a workplace accident. –

 

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Project manager convicted of criminal charges in Christmas Eve swing stage collapse

The tragic Christmas Eve 2009 swing stage collapse which led to the deaths of four workers and the serious injury of another at a west Toronto construction site continues to have legal repercussions and break new ground in health and safety law.

 

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Betting you don’t have a gambling policy

We have recently survived the Superbowl and the Oscars. Over the next few weeks you may also experience some March Madness amongst your employees. And we have all heard the story of a mega-jackpot win by a group of employees who, despite their good fortune, left their employer bereft of employees overnight.

 

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The Government of Canada introduces legislation to prevent barbaric cultural practices in Canada

On November 5, 2014, Citizenship and Immigration Minister Chris Alexander announced that the Government of Canada had tabled its proposed Zero Tolerance for Barbaric Cultural Practices Act. The proposed Act is intended to amend the current Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code for the purpose of preventing barbaric cultural practices from taking place in Canada.

 

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Ontario Employment Law Conference wrap-up: We learned the latest!

Last Tuesday, over 100 businesses from across Ontario joined us and the employment law team from Stringer LLP to discuss pressing employment issues like avoiding occupational health and safety penalties, accommodating employees’ family status, getting ready for the new Employment Standard, using employment contracts to protect your business, and the perils of employee benefits.

 

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