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Posts Tagged ‘criminal code’

Slaw: Mandatory reporting of Internet child pornography by persons who provide an Internet service now law

Thursday, December 22nd, 2011

On December 8, 2011, the federal Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service (formerly Bill C-22) came into force. The new legislation aims to protect children from online sexual exploitation, by requiring suppliers of Internet services to the public to:

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Tags: child pornography, criminal code, Cybertip.ca, employment law, Internet child pornography, Internet service, ISP, Mandatory reporting, persons who provide an Internet service, suppliers of Internet services, The Canadian Centre for Child Protection, to protect children from online sexual exploitation
Posted in Employee Relations, Human Resources, Internal Controls, IT, Privacy and Security, Privacy and Security | Make a Comment »

Preventing injury and deaths of the scaffolding workers

Friday, May 20th, 2011

Last August, I told you about the horrific scaffolding accident where five workers fell 13 storeys from an apartment building on Christmas Eve 2009. Four died and one suffered serious leg and spinal injuries. At this point, we must learn from this accident in order to ensure it never happens again.

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Tags: accident prevention, bodily harm, Canadian Occupational Safety Magazine, criminal charges, criminal code, criminal negligence causing death, fatality, injury, Ministry of Labour, occupational health and safety act, ontario, safety training, Scaffold safety tips, scaffolding
Posted in Health and Safety, Human Resources | Make a Comment »

Duty of care and sending employees abroad: How much do organizations need to care?

Tuesday, May 17th, 2011

More and more organizations are asking the question: “What are the responsibilities associated with managing a travelling workforce?” This question has been increasingly relevant as of late, with a number of Canadian companies taking notice of the recent events in Egypt, Libya, and Japan.

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Tags: business travel, Canadian Centre for Occupational Health and Safety, Canadian Department of Justice, Conduct risk assessments, criminal code, directing the work of others, Duty of care, employment law, ensure the safety of workers, health and safety management, health and safety system, high risk destinations, managing a travelling workforce, provide training for employees travelling, provincial health and safety regulations, reasonable standard of duty of care, sending employees abroad, travel risk analysis
Posted in Corporate Immigration, Health and Safety | Make a Comment »

Individual privacy in the workplace – a case precedent

Thursday, March 31st, 2011

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.

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Tags: 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
Posted in Human Resources, Internal Controls, IT, Privacy and Security, Privacy and Security | Make a Comment »

Health and safety related criminal charges laid in scaffold deaths

Wednesday, October 13th, 2010

The Toronto Star recently reported that Vadim Kazenelson, 35, of Gormley, Joel Swartz, 51, of Toronto, Benny Saigh, 52 of Toronto, and Metron Construction Corporation have each been charged with criminal negligence causing bodily harm, and four counts of criminal negligence causing death for workplace fatalities. The charges carry…

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Tags: Bill C-45, British Columbia, canadian employment law, criminal charges, criminal code, criminal negligence causing bodily harm, criminal negligence causing death, Due diligence, employment law, occupational health and safety act, ontario, workplace fatalities
Posted in Health and Safety, Human Resources | 3 Comments »

Ontario court recognizes health and safety risks associated with sex-trade laws, and strikes them down

Thursday, September 30th, 2010

We wrote about a controversial challenge to Canada’s prostitution laws last year, and the judge hearing the case has finally released her decision—in favour of the sex-trade workers who raised the challenge. “I have found that the law as it stands, is currently contributing to the danger faced by prostitutes”, said the judge.

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Tags: canadian employment law, criminal code, decriminalizing prostitution, employment law, occupational health and safety, ontario, sex trade, solicitation
Posted in Employment Standards, Health and Safety, Human Resources, Human Rights | Make a Comment »

Disturbing death of an underage worker – hearing begins October 2010

Friday, September 10th, 2010

A recent article described the tragic death of a boy who was 15 years old and working as a paver for a company near Winnipeg. The company truck was dumping asphalt into a massive pile to use for various projects. The underage worker was helping unload the truck when he was hit by the entire load and buried alive under burning asphalt.

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Tags: construction sites, criminal code, criminal investigation, employing underage workers, employing youth worker, employment law, employment standards code, failing to safeguard workplace health and safety, health and safety, Interlock Paving, manitoba, occupational health and safety, summer employment, underage workers, Winnipeg, Workplace Health and Safety Act
Posted in Employment Standards, Health and Safety, Human Resources | 1 Comment »

Fifth worker involved in scaffolding incident sues for damages

Friday, August 27th, 2010

Last week, I wrote about the incident in which five migrant workers fell 13 storeys when a platform collapsed on Christmas Eve, 2009. Four died instantly, but one survived. This fifth worker, who suffered grave injuries, has now launched a civil suit for damages.

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Tags: accident, Bill C-45, civil suit, criminal code, damages, employment, employment law, health and safety, migrant workers, Ministry of Labour, occupational health and safety act, ontario, platform, scaffold, scaffolding incident
Posted in Health and Safety, Human Resources | Make a Comment »

Scaffolding accident involving migrant workers: charges with fines of up to $17,000,000

Friday, August 20th, 2010

The Ministry of Labour just laid charges carrying fines of up to $17,000,000 against two companies that ran and supplied a platform that collapsed last year. There were also charges against executives and supervisors that could carry fines and time in jail.

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Tags: accident, criminal code, employment law, fines, Foreign workers, health and safety, hearings, investigation, jail, migrant worker, occupational health and safety act, OHS penalties, ontario, Ontario Ministry of Labour, platform, scaffold, Scaffolding accident, Slips and falls, workplace hazards, workplace health and safety
Posted in Health and Safety, Human Resources | Make a Comment »

Slaw.ca: Another attempt to lay criminal charges in a workplace fatality

Tuesday, March 16th, 2010

A recent case has tested Bill C-45, the amendment to the Criminal Code that attached criminal responsibility to an organization or corporation for negligence related to health and safety in the workplace, and broadened the range of individuals who are subject to charges under the Code. Since the enactment of Bill C-45 on March 31, 2004, charges have been laid in just four cases, and only one resulted in a conviction. As a result, many are wondering if the enforcement of such provisions is even possible.

Read the full article on Slaw.ca.

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Tags: Bill C-45, criminal code, occupational health and safety, OH&S, slaw.ca, workplace fatality
Posted in Health and Safety, Human Resources | Make a Comment »

Decriminalizing the oldest profession in the world

Friday, October 9th, 2009

We were reading some very interesting articles in the media regarding the constitutional challenge to prostitution laws by sex-trade workers. These articles are saying that the law makes no sense. Alan Young, the Osgoode Hall law professor representing the women, notes that the law permits prostitution itself, but prohibits “all incidental transactions involved in prostitution”. Consequently, they want the Court to strike down all the Criminal Code sections pertaining to solicitation, to effectively decriminalize prostitution—as a result, making the sex trade a viable profession in it’s own right.

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Tags: canadian employment law, criminal code, decriminalizing prostitution, employment law, employment standard, occupational health and safety, sex trade, solicitation
Posted in Health and Safety, Human Resources | 16 Comments »

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