canadian charter of rights and freedoms
September 3, 2019 Christina Catenacci Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights,
In a decision dated August 9, 2019, the Federal Court of Appeal dismissed an appeal made by Air Canada pilots regarding their age discrimination claim.
accommodation, age discrimination, ageism, Air Canada, Air Canada pilots, bona fide occupational requirement, canadian charter of rights and freedoms, Canadian Human Rights Act, Canadian Human Rights Tribunal, discrimination based on age, employment law, mandatory retirement age, mandatory retirement practice, normal age of retirement, Pilot's Association, Vilven and Kelly
October 28, 2016 Devry Smith Frank LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Union Relations
Justice Firestone of the Ontario Superior Court recently decided that back–to–work legislation introduced in 2011 aimed at striking postal workers from the Canadian Union of Postal Workers was an unjustified violation of the Union’s rights to freedom of association and expression under the Canadian Charter of Rights and Freedoms. As a result, the judge retroactively declared the legislation of no force or effect.
back-to-work legislation, Canada Post labour dispute, canadian charter of rights and freedoms, Canadian Union of Postal Workers v Her Majesty in Right of Canada, Charter protected freedoms, Charter rights, collective agreement, Collective Bargaining, employment law, freedom of association, Freedom of expression, Industrial Relations, Labour Law, lockout, Restoring Mail Delivery for Canadians Act, right to strike, strike, striking postal workers, trade unions, Unions
August 12, 2016 Stringer LLP Health and Safety, Human Resources, Human Rights, Penalties and Fines
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.
canadian charter of rights and freedoms, ceiling of delay of 18 months, criminal code, employment law, irreparably harmed ability to defend, Jordan test, occupational health and safety act, OHSA, OHSA breach, OHSA prosecutions, prejudice, R v Jordan, right to be tried within a reasonable time, stay of proceedings, Supreme Court of Canada, test under section 11(b)
November 19, 2015 Christina Catenacci Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Union Relations
Bill 183, The Saskatchewan Employment (Essential Services) Amendment Act, 2015, proposes a new Part VII in the Employment Act, entitled Essential Services. The Bill is currently in third reading.
bargaining impass, bargaining process, canadian charter of rights and freedoms, collective agreement, Collective Bargaining, essential services, essential services law, Labour Law, public sector workers, Public Service Essential Services Act, right to strike, Saskatchewan, Supreme Court of Canada, The Saskatchewan Employment (Essential Services) Amendment Act 2015, union, work stoppage
February 27, 2015 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Human Resources, Union Relations
The Supreme Court of Canada in Saskatchewan Federation of Labour v Saskatchewan confirmed once and for all that the right to strike is protected under the Canadian Charter of Rights and Freedoms.
canadian charter of rights and freedoms, Collective Bargaining, essential services legislation, freedom of association and expression, Industrial Relations, Labour Law, labour relations, Labour Trilogy, limit the ability of public sector workers to go on strike, Public Service Essential Services Act, right to associate and organize, right to bargain collectively, right to strike, Saskatchewan Federation of Labour v Saskatchewan, Saskatchewan’s essential services legislation, Supreme Court of Canada, Trade Union, Trade Union Amendment Act
May 23, 2014 Meghan Ferguson Accessibility Standards, Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Standard for Employment, Union Relations, Wages and Compensation
Ontario’s Workplace Safety and Insurance Appeals Tribunal (the “Tribunal”) has found that the limit on mental health claims under the Workplace Safety and Insurance Act, 1997 (“WSIA”) is unconstitutional.
1997, canadian charter of rights and freedoms, mental disabilities, mental health claims, mental health in the workplace, mental stress, workers compensation, Workplace Safety and Insurance Act, Workplace Safety and Insurance Appeals Tribunal, Workplace Safety and Insurance Board, WSIA, wsib
February 27, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Union Relations, Wages and Compensation
A coalition of unions led by the Fédération interprofessionnelle de la santé du Québec (FIQ) has won a court challenge against certain provisions of the 2009 reform of Quebec’s Pay Equity Act. The provisions in question require…
canadian charter of rights and freedoms, Discrimination based on gender, employment law, female job classes, HR Law, maintaining pay equity, pay equity, pay equity act, pay equity audit, Quebec, Quebec Charter of Rights and Freedoms, retroactive wage adjustment, wage adjustments, Wage inequality
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, LL.B. Managing Editor 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, LL.B. Managing Editor 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
Ageism is a big problem in the legal community. Bay Street firms and others are not interested in applicants' skills, knowledge, etc. unless they are... – Nov 16, 11:05 AM
Excellent article !! Right on point. So many times we encounter opinionated employer representatives or coworkers who address complaints from positions of bias. Bias that... – Oct 30, 12:07 AM
Most-viewed articles this week on HRinfodesk
February 14, 2013 Yosie Saint-Cyr, LL.B. Managing Editor 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