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Archive for ‘Substantive Law: Legislation’

Federal Accessible Transportation Regulation

The federal Accessible Transportation for Persons with Disabilities Regulations (ATPDR) was registered under the federal Accessible Canada Act (ACA) on June 25, 2019. Most provisions of the ATPDR will come into force on June 25, 2020, while other more complex requirements (i.e., self-serve kiosks) will be phased in over three years (June 25, 2020, June 25, 2021 and June 25, 2022). This is the only accessibility standard currently registered under the ACA. . . . [more]

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

The Federal Duty of Workplace Inspection: Reasonableness and Workplace Control

By Lewis Waring, Paralegal and Student-at-Law, Editor, First Reference Inc.

In Canada Post Corp v Canadian Union of Postal Workers, 2019 SCC 67 (“Canada Post”), the Supreme Court of Canada (“Court”) limited federally regulated employers’ duty to conduct safety inspections. Namely, the Court found that such employers only had a duty to inspect in workplaces over which they exercise control. Canada Post was an application of judicial review of a decision by the Occupational Health and Safety Tribunal of Canada (“OHSTC”). The rule-at-issue was Canada Labour Code, RSC 1985, c L-2, Part II, s 125(1)(z. 12) (“CLC”), which . . . [more]

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

Imposing Fiduciary Duties and Jurisdictional Gaps in Collective Agreement

By Lewis Waring, Licensed Paralegal and Student-at-Law, Editor, First Reference Inc.

In Greig v Desjardins Financial Security Life Assurance Company, the Superior Court of British Columbia (SCBC) considered a defendant’s handling of a plaintiff’s claim for LTD benefits. SCBC held that the Defendant’s handling of the Plaintiff’s claim for long-term disability (LTD) benefits was bad enough to violate its fiduciary duty and awarded the Plaintiff $50,000 in aggravated damages and $200,000 in punitive damages, accordingly. . . . [more]

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

Assessing the CJC’s Interpretation of Sections 54 and 55 of the Judges Act: The Patrick Smith Case

In its report of November 5, 2018, a review panel of the Canadian Judicial Council (CJC) found Justice Patrick Smith, a supernumerary judge of the Ontario Superior Court, had acted breached the Judges Act and the CJC’s Ethical Principles for Judges (these are currently under review) by taking a position that was susceptible to controversy, that of unpaid interim dean (academic) at the Boris Laskin Faculty of Law. The Review Panel concluded, however, that his conduct did not warrant removal from the bench. In November 2018, I posted a comment on my blog, Idlemusings, about “the Patrick Smith case”, . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation

Saving Clauses Do Not Permit Employers to Contract Out of the ESA

Written by Lewis Waring, Paralegal, Editor, First Reference Inc.

In Groves v UTS Consultants Inc, 2019 ONSC 5605 (“Groves”), the Ontario Superior Court of Justice (“SCJ”) held that an employer cannot contract out of its obligations under the Employment Standards Act, 2000 (“ESA”) by including a “saving clause” in its employment contract. Moreover, a contract that attempts to make an employer exempt from its obligations under the ESA is unenforceable, and, in Groves, the SCJ merely applied this uncontroversial principle to what is known as a saving clause. . . . [more]

Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

A Look at Alberta’s Private Member’s Bill on Conscience Rights for Doctors

Commentators on private member’s Bill 207, Conscience Rights (Health Care Providers) Protection Act, introduced in the Alberta Legislative Assembly on November 7, 2019, have disagreed about whether it is different from the current system in Alberta.

Here I consider the extent to which it would be different from the current requirements of the College of Physicians and Surgeons of Alberta (CPSA). I also consider how it would give doctors (and other health professionals) the greatest freedom in Canada to refuse to treat patients on religious and conscientious grounds and fail to put the interests of patients first, as . . . [more]

Posted in: Substantive Law: Legislation

Challenges to Mandatory Vaccinations: Further Thoughts

Just as the Toronto medical officer of health called for limiting the exemptions to Ontario’s mandatory vaccine regime for school children to only one, on medical grounds (although this has not been received positively by the provincial health minister), Vaccine Choice Canada and five mothers have challenged the requirement that in order to attend public school, children must receive vaccinations.

The Immunization of School Pupils Act already includes grounds for exemption for medical, religious and conscientious grounds; however, the group challenging the legislation consider the exemptions — and therefore the legislation — contravene their rights, in part because of the . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation

Workplace Safety Trumps Religious Observances in Quebec

The Quebec Court of Appeal has ruled against Sikh truck drivers who sought an exemption from wearing personal protective equipment – a helmet – as required by their employers because their religion requires them to wear a turban.

The Court ruled that workplace safety must take precedence over temporary impacts on freedom of religion.

According to Wikipedia, wearing a Sikh dastaar, or turban, is mandatory for all Sikh men. Among the Sikhs, the dastaar is an article of faith that represents honour, self-respect, courage, spirituality, and piety (https://en.wikipedia.org/wiki/Dastar).

Quick facts

In 2016, three Sikh truck drivers sought to be exempted . . . [more]

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

Challenging the Quebec End-of-Life Legislation and Medically-Assisted Dying in Truchon

In Truchon c. Attorney General of Canada, 2019 QCCS 3792 (CanLII), a decision of the Quebec Superior Court, The Honourable Christine Baudouin, JCS held that the end of life requirement under section 26 of Quebec’s End-of-Life Care Act and the “reasonable foreseeability of natural death” requirement under the Criminal Code‘s medically-assisted death requirement are both unconstitutional as contravening section 15 of the Canadian Charter of Rights and Freedoms (and that the federal provision contravenes section 7; she did not consider whether the Quebec provision contavened section 7). The facts underpinning the challenges were the same. Nevertheless, should the . . . [more]

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

New Measures to Cover Gap in Agent Representation

On June 21, 2019, Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, received Royal Assent. The Bill was an omnibus legislation that was prompted by the delays caused described in Jordan and Cody.

The effect of this Bill was to remove preliminary inquiries for virtually all offences, expand spousal violence to include intimate partner violence, abolish the use of peremptory challenges for jurors, and hybridize almost all indictable offences under 10 years while increasing the maximum penalty to 2 years for summary . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation

Time to Review Your Accessibility Plans and Prepare to File a Report in 2020

1. Review your multi-year accessibility plans by January 1, 2020

On January 1, 2014, section 4(1) of the Integrated Accessibility Standards, Ontario Regulation 191/11 under the Accessibility for Ontarians with Disabilities Act (AODA) required the Government of Ontario, Legislative Assembly, designated public sector organizations and large organizations (50 plus employees) to have multi-year accessibility plans in place and posted on their websites (if any), and to provide the plan in an accessible format upon request.

The multi-year accessibility plan must inform and outline the organization’s strategy for preventing and removing barriers faced by persons with disabilities and also for meeting . . . [more]

Posted in: Legal Information, Legal Information: Information Management, Legal Information: Libraries & Research, Legal Information: Publishing, Miscellaneous, Practice of Law, Practice of Law: Marketing, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation, Technology, Technology: Internet, Technology: Office Technology

Questions Arising From the Anti-Carbon Tax Sticker Legislation (Including the Fixing of the Set Fine)

A short Canadian Press article in The Globe and Mail recently tweaked my interest. It explained that the chief justice had set the fine for not posting the anti-carbon tax stickers the province has required gas station operators to post on pumps at $150. The legislation provides for potentially higher fines. I started thinking about several issues that could arise from this, especially in the context of the anti-carbon tax sticker legislation. . . . [more]

Posted in: Substantive Law: Legislation