Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from forty-one recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Employment & Human Rights Law in Canada  2. First Reference Talks  3.  4. Off the Shelf  5. All About Information

Employment & Human Rights Law in Canada
Do Individual Rights to Privacy Trump the Union’s Charter Rights on the Picketline?
When addressing the dispute at a union’s picketline, which interest trumps: your individual right to privacy or a union’s right to freedom of expression? This morning, the Supreme Court of Canada (“SCC”) released a seminal case that aggressively concludes that the union’s constitutional right will prevail over an individual’s privacy rights arising out of the Alberta Personal Information Protection Act (“PIPA”): Information and Privacy Commissioner of Alberta, et al v United Food and Commercial Workers, Local 401. The SCC struck down PIPA in its entirety, giving the Alberta legislature a year to amend the statute to comply with this ground-breaking decision. . . .

First Reference Talks
Two kicks at the can: Worker allowed to re-litigate WSIB accommodation dispute at the Human Rights Tribunal
Most employers are likely familiar with the WSIB return to work process which often involves a WSIB employee attending at the workplace for the purpose of identifying suitable and sustainable work for the injured worker. In circumstances where there is a dispute about whether a position is suitable and/or available, the WSIB will examine the circumstances and make a written decision. The worker and the employer have the right to appeal an adverse decision initially to the WSIB Appeals Branch and ultimately to the independent Workplace Safety and Insurance Appeals Tribunal . . . .
Eighty Percent Of Success Is Showing Up: Or “How A Pro Se Farmer Won A Default Against The United States In His Suit To Invalidate The Permit For Half Of Keystone Xl (& Why It Probably Won’t Last)”
Case commented on: Bishop v Bostick, 9:13-cv-00082, (E.D. Tex, Nov. 6, 2013). On April 25, Michael Bishop, a farmer acting pro se, filed a lawsuit in the U.S. District Court for the Eastern District of Texas to revoke TransCanada’s permit to construct the southern half of the Keystone XL project. This part of the project, known as the “Gulf Coast Project” or “Phase III”, travels from Cushing, Oklahoma to the Gulf Coast. Bishop sued the Army Corps of Engineers and its Commanding General, Thomas Bostick, because the Army Corps issued the permit to TransCanad . . .

Off the Shelf
Louis Riel Day – November 16 in Ontario
Louis Riel Day is a day to celebrate the life of the controversial Métis leader and the efforts he made for Métis rights and also to acknowledge Métis contributions to Canada. No doubt you will remember my blog about Louis Riel last year. This year I wanted to focus more on the Métis than Louis himself because the Métis Nation of Ontario and the Law Society of Upper Canada are holding a free public legal education event in the afternoon of Friday November 15, 2013 at the Toronto Hilton Hotel (registration by Nov. 13 required at 416-947-3413 or . . .

All About Information
SCC favours expression over privacy without restraint
Here is Paul Broad and my summary of today’s remarkable Supreme Court of Canada decision in Alberta (Information and Privacy Commissioner) v United Food and Commercial Workers, Local 401. (The Court struck down Alberta PIPA as violating section 2(b) of the Charter.) I’m more open in this forum to think openly about the decision, which strikes me as being most characterized by its unrestraint. The Court could have issued a pronouncement clearly confined to the precise labour-relations context before it, but did no . . .

*Randomness here is created by and its list randomizing function.

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