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Archive for ‘Substantive Law: Legislation’

Female Candidates Preferred? When Job Postings Time Travel…

A Toronto web design company recently published a job posting for a writing job indicating that “female candidates are preferred”, seemingly time-warping back to the Mad Men era… Specifically, the position was for a content writer and search-engine optimization specialist on LinkedIn. However, the posting also indicated that the successful candidate will need to fulfill the “responsibilities of a receptionist, so female candidates are preferred.”

Not surprisingly, the job posting has attracted negative attention on twitter and news outlets have picked up the story. The company responded on Twitter and LinkedIn by stating that they “did not mean to discriminate . . . [more]

Posted in: Substantive Law: Legislation

Proposed Ontario Changes to Accessibility Regulations

The Ministry of Economic Development, Employment and Infrastructure has proposed changes to the Customer Service Standard and Integrated Accessibility Standards regulations under the Accessibility for Ontarians with Disabilities Act (AODA). If approved, the changes will be enacted on July 1, 2016, and take immediate effect.

This proposal includes incorporating the Customer Service Standard into the Integrated Accessibility Standards Regulation and making changes to requirements of the Customer Service Standard (see details below). . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Criminal Justice From a Restorative Perspective

The preamble to Manitoba’s new Restorative Justice Act sets the foundation for the provisions of the Act, in force today:

…WHEREAS there are circumstances when the interests of justice are served by having an offender and the victim of the unlawful conduct or other community representatives find a resolution that promotes public safety by providing healing, reparation and re-integration into the community outside the traditional criminal prosecution process;

AND WHEREAS unlawful conduct by some offenders arises out of mental health conditions, addictions or other behavioural issues and there are instances when it is more appropriate to address these issues rather

. . . [more]
Posted in: Substantive Law: Legislation

Manitoba Customer Service Accessibility Standard in Force and Other Accessibility News

The Manitoba Customer Service Accessibility Standard (CSAS) under the Accessibility for Manitobans Act (AMA) came into effect November 1, 2015. The CSAS requires all of Manitoba’s public, private and non-profit organizations with one or more employees that provide goods or services directly to the public or to another organization in Manitoba, to establish and implement measures, policies and practices to remove barriers for access to the goods or services it provides. . . . [more]

Posted in: Miscellaneous, Substantive Law, Substantive Law: Legislation

Potential Legal Battle to Ensue Over Transit Employees’ Right to Strike

The Canadian Charter of Rights and Freedoms (the Charter) guarantees that everyone has the “freedom of association” (section 2(d)). The Charter’s guarantee of freedom of association has often been leveraged to protect employees’ rights in the labour relations context. According to recent media reports, the union that represents the Toronto Transit Commission (TTC) employees is looking to rely on section 2(d) to combat provincial legislation that declares the TTC an essential service and prohibits its employees from striking.

In January 2015, section 2(d) was successfully used to persuade a majority of the Supreme Court of Canada to . . . [more]

Posted in: Substantive Law: Judicial Decisions, Substantive Law: Legislation

Avoid a Toxic Workplace Environment: New Developments on Sexual Harassment

This article is by Cristina Lavecchia, Editor, HRinfodesk, published by First Reference Inc.

Sexual harassment in the workplace can be toxic, and it is an issue that can have a profound effect on both an employer and their employees.

In response to this issue, on October 27, 2015, the Ontario government introduced Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015 (“Bill 132”).

If Bill 132 is passed, it would amend various statutes with respect to sexual violence, sexual harassment, domestic violence and other forms of abuse. . . . [more]

Posted in: Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Reminder: New Quebec Code of Civil Procedures Effective January 1, 2016

Quebec lawyers are reminded that they need to prepare for upcoming changes to the Quebec Code of Civil Procedures passed into law on February 20, 2014. These significant changes are in effect January 1, 2016, and will improve overall access to justice. . . . [more]

Posted in: Education & Training, Education & Training: CLE/PD, Justice Issues, Legal Information, Legal Information: Libraries & Research, Practice of Law, Practice of Law: Future of Practice, Substantive Law, Substantive Law: Legislation

Canadian Newspapers Release 9th Annual National Freedom of Information Audit

What have our governments been up to lately? According to a recent study, it is not always easy to find out, with the federal government often responding with a glacial slowness to requests for information.

Last week, Newspapers Canada, a joint initiative of the Canadian Newspaper Association and the Canadian Community Newspapers Association, released its 9th annual National Freedom of Information Audit report:

“The 2015 FOI audit sent almost 450 access requests to federal government departments and crown corporations, ministries, departments and agencies in all provinces and territories, and to municipalities and police forces. As in previous audits, identical

. . . [more]
Posted in: Justice Issues, Substantive Law: Legislation

Amendments to Saskatchewan Essential Service Law

The Saskatchewan government has tabled amendments to Part VII of the province’s Employment Act in light of the Supreme Court of Canada’s January 30, 2015 decision, which struck down as unconstitutional an essential services law that prevents some public sector employees from striking. . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Minding the Gap

It sometimes seems that efforts to improve access to justice follow the age-old pattern of “One step forward, two steps back.” No sooner is a gap identified than a committee is struck to propose and develop gap-filling solutions, often without regard to the possibility that those solutions may themselves create new gaps.

Legal Aid Manitoba recently announced a significant change to its financial eligibility criteria. The Notice to the Profession, issued earlier this month, sets out the current income guidelines for eligibility and re-introduces a partial user-pay system for those outside the regular guidelines but within expanded financial criteria. . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation

More Onerous Duty to Accommodate Workplace Injuries

A recent Quebec Court of Appeal decision will make it more onerous for employers to meet their duty to accommodate in the context of a workplace injury. The Court of Appeal found that an employer must seek suitable employment for an employee returning to work from an injury, offer reasonable accommodation to the employee to the point of undue hardship, and conduct an assessment to ensure the accommodation complies with the provisions of the Quebec Charter of Human Rights and Freedoms. . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation