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Charter

By Maanit Zemel | 3 Minutes Read November 25, 2013

Is the proposed 'cyberbullying legislation' the real deal?

On November 20, 2013, Bill C-13 received first reading before the House of Commons. The media touted Bill C-13 as the new “Cyberbullying Legislation”. However, assuming Bill C-13 receives royal assent, how effective will be it be in combating cyberbullying?

Article by Maanit Zemel / Business, Privacy / Charter, combating cyberbullying, consent, criminal code, cyberbullying, deterring and punishing cyberbullies, dissemination of intimate images, free and democratic society, Freedom of expression, identity theft, impersonation, Internet, Internet Service Providers, intimate image, ISP, Non-Consensual Distribution, offence of possession of child pornography, online, online communication, online harassment, post images, protecting children from harm, reasonable limit, types of offences, website operators

By Christina Catenacci, BA, LLB, LLM, PhD | 5 Minutes Read May 21, 2013

Court of Appeal hints that right to strike may be protected by the Constitution

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.

Article by Christina Catenacci, BA, LLB, LLM, PhD / Employee Relations, Human Rights, Union Relations / 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

By Christina Catenacci, BA, LLB, LLM, PhD | 2 Minutes Read April 30, 2013

Leave to Appeal Air Canada mandatory retirement case to Supreme Court of Canada dismissed

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.

Article by Christina Catenacci, BA, LLB, LLM, PhD / Employee Relations, Human Rights, Union Relations / 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

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