criminal code

Case involving voyeuristic teacher leads to clarification of law relating to private vs. ‎public places and provides valuable lesson for employers

December 5, 2019 Occasional Contributors HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, 0

On August 27th, 2019 former Ontario school teacher Ryan Jarvis was sentenced to six months in jail and 12 months’ probation after the Supreme Court of Canada (“SCC”) convicted him of voyeurism earlier this year.

Breach of privacy, criminal code, employment law, expectation of privacy, privacy, voyeurism

Recent changes to impaired driving offenses and their effect on Canada’s immigration laws

July 17, 2018 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources, Recruiting and Hiring

Once Bill C-46 becomes effective, even impaired driving offences not involving bodily harm or death will be considered serious criminality under IRPA 36(1).

Bill C-46, criminal code, employment law, immigration laws, impaired driving offenses

Recent updates on the legalization of marijuana

April 9, 2018 Christina Catenacci Employee Relations, Government Budgets, Throne Speeches and Plans, Health and Safety, HR Policies and Procedures, Human Resources

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.

Bill C-45, cannabis, Cannabis Act, criminal code, employment law, Legalization of marijuana, marijuana, marijuana in the workplace

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

February 7, 2018 Christina Catenacci Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Training and Development

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.

criminal code, employment law, Metron Construction, occupational health and safety, OHS criminal negligence causing death, worker safety

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

May 3, 2017 Christina Catenacci Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Union Relations

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

October 19, 2016 Henry J. Chang, Dentons LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring, Union Relations

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

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.

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Apology for workplace sexual harassment

May 19, 2016 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Penalties and Fines, Union Relations

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.

Apology, crimes, criminal code, criminal justice, employment law, forgiveness, Jian Ghomeshi, Peace bond, workplace sexual harassment

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

February 12, 2016 Occasional Contributors Accessibility Standards, Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Payroll, Penalties and Fines, Pensions and Benefits, Recruiting and Hiring, Standard for Employment, Union Relations

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:

assistance in suicide, conflict of interest, criminal activity, criminal code, Criminal law, duty to accommodate, employment law, ethical or religious objections, Healthcare providers, medical marihuana, physician-assisted suicide, reasonable accommodation, religious belief

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

January 15, 2016 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Health and Safety, Human Resources, Penalties and Fines

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

January 12, 2016 Christina Catenacci Health and Safety, Human Resources, Penalties and Fines

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

criminal code, criminal negligence causing death, Metron Construction case, Ontario Federation of Labour, scaffold deaths, sentence hearing, Vadim Kazenelson, workplace supervisors criminally responsible for harm on the job

How to create an occupational health and safety policy manual

October 23, 2015 Adam Gorley Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Penalties and Fines, Training and Development

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

October 21, 2015 Christina Catenacci Health and Safety, HR Policies and Procedures, Human Resources, Penalties and Fines

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. –

Bill C-45, bodily harm, criminal code, Criminal negigence causing death, death of workers, duty to ensure the safety of workers, health and safety criminal negligence case, incarceration, incareration, injuries, Metron Construction, project manager, sentencing

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

July 10, 2015 Stringer LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines, Union Relations

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.

Bill C-45, criminal charges, criminal code, criminal negligence, Due diligence, employment law, fall protection, health and safety law, obligation to take reasonable steps to prevent bodily harm, occupational health and safety act, R v Kazenelson

Betting you don’t have a gambling policy

March 2, 2015 Michele Glassford Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

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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