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Archive for ‘Substantive Law: Legislation’

United States Asking Foreign Visitors for Social Media Info and Cell Phone Contacts

I heard about the United States Custom Border Agency had been asking Canadians for access to their Facebook accounts and cellphones when they arrived at the border to join the women’s march on Washington the day after Donald Trump’s inauguration. When some Canadians refuse to surrender their information, they were denied entry into the US and turned away (this is in addition to those who were refused entry because they were going to the march). I was appalled to hear this, and appalled at the invasion of privacy and violation of civil and human rights – and in 2017! I . . . [more]

Posted in: Justice Issues, Miscellaneous, Substantive Law, Substantive Law: Foreign Law, Substantive Law: Legislation, Technology, Technology: Internet

Why Is Domestic Violence More Often Becoming a Workplace Responsibility?

It is understood that domestic violence has been known to effect employees at work in a number of ways; a recent study shows that the problem is widespread. “Can Work Be Safe, When Home Isn’t,” (PDF) by researchers at Western University and the Canadian Labour Congress, outlines the preliminary results of a Canada-wide survey of more than 8,000 workers on how domestic violence effects workplaces. The results are startling in many ways, but unsurprising in others.

For instance: . . . [more]

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

Canadian Senate to Discuss Cannabis Legalization on January 31

Although legislation to legalize Cannabis is not set to be tabled until the spring, it seems as though the Canadian Senate wants to get the discussion going early.

In the Order and Notice Paper which sets out the agenda for the January 31, 2017, Senate meeting, the Honourable Senator Carignan, P.C. has laid out a number of questions on the topic of legalization that he would like discussed. Those questions include:

(a) What are the implementation costs estimated by the federal government for a system to legalize cannabis in Canada, including a breakdown of costs in the areas of hospitalization . . . [more]

Posted in: Legal Information, Substantive Law: Legislation

Cannabis Legalization Report

On November 30, 2016, the Task Force on Cannabis Legalization and Regulation released their final report which contains more than 80 recommendations to governments on how to better promote and protect public health and safety, especially among young Canadians. Particularly, the Task Force recommends: establishing a minimum age of access and restrictions on advertising and promotion; well-regulated production, manufacturing and distribution that can displace the illegal market; and that governments educate Canadians about the new system to improve the public’s understanding of cannabis, including risks such as impaired driving, for example.

Note that the Task Force prefers to use the . . . [more]

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

Why Short-Sightedness May Cost Marijuana Dispensaries a Fortune

The Federal Government has indicated that it intends to table recreational marijuana legislation by the spring of 2017. As we all know, politicians never break promises or deadlines. Even if the legislation is tabled in the spring it is widely anticipated that the changes will not be implemented overnight, with some predicting that the Canadian recreational marijuana market may not be fully open and legal until as late as 2019.

 

The recent release of the Task Force on Cannabis Legalization and Regulation’s report has created significant buzz about many aspects of what Canada’s new legislation regarding recreational marijuana may . . . [more]

Posted in: Substantive Law: Legislation

Employee Did Not Have Right to Delay Work Refusal Investigation

Written by Cristina Lavecchia, Editor, First Reference

The Ontario Labour Relations Board (OLRB) recently dismissed an application where an employee claimed that her employer threatened her with discipline for exercising her right to refuse unsafe work. Why? The employee did not have the right to delay the employer’s investigation of her work refusal, to wait until her preferred union representative completed a personal matter and attended at the workplace. . . . [more]

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

BC Liquor Law: The New Liquor Control and Licensing Act

In any given year a significant number of new laws come into force in British Columbia. The announcement of most laws are confined to back pages of the British Columbia Gazette, while a select few warrant engaging headlines in newspapers and make the rounds on social media. For example this year the Motor Dealer Amendment Act and the Profits of Criminal Notoriety Act both came into force. While those are undoubtedly very important pieces of legislation for some segments of the population (like motor car dealers and notorious criminals) I expect that few British Columbians were aware that those Acts . . . [more]

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

Task Force Recommendations on Legalization of Marijuana: The “Coles” Notes

On June 30, 2016, the Minister of Justice and Attorney General of Canada, the Minister of Public Safety and Emergency Preparedness, and the Minister of Health announced the creation of a nine-member Task Force on Cannabis Legalization and Regulation (the “Task Force”).

The mandate of the Task Force was to consult and provide advice on the design of a new legislative and regulatory framework for legal access to cannabis, consistent with the Government’s commitment to “legalize, regulate, and restrict access.”

Over five months, the Task Force consulted with a wide variety of groups and individuals before finally releasing its report . . . [more]

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

OHRT Challenges Infamous Family Status Test

Written by Cristina Lavecchia, paralegal, Editor, First Reference

In a recent decision (Misetich v. Value Village Stores Inc.), the Human Rights Tribunal of Ontario (the Tribunal) questioned the value of various past case laws that have introduced and applied different tests for family status discrimination, including the Johnstone test. More specifically, the Tribunal disapproved of the existence of distinct “tests” for establishing family status discrimination. . . . [more]

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

Proposed Nova Scotia Accessibility Legislation

On November 2, 2016, the Nova Scotia government proposed accessibility legislation to promote equality of opportunity and increase the inclusion and participation of Nova Scotians who have disabilities or functional limitations in all areas of everyday life by promoting and encouraging the prevention, reduction and removal of barriers.

Moreover, the government intends to help make Nova Scotia a more accessible and inclusive place to live and work. . . . [more]

Posted in: Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation, Technology, Technology: Office Technology

The Future of MAID in Canada

When Bill C-14 received Royal Assent on June 17, 2016 Medical Assistance in Dying (MAID) became law in Canada. But the debate over the limits of MAID are far from over.

Bill C-14 includes a number of review mechanisms. The entire scheme is subject to a 5-year review, with a report to be submitted with recommendations.

Specific portions of the Bill are subject to a shorter-term review, for “requests by mature minors for medical assistance in dying, to advance requests and to requests where mental illness is the sole underlying medical condition.” These issues were inadequately resolved at the time . . . [more]

Posted in: Substantive Law: Legislation

Proposed Manitoba Accessibility Standard for Employment

The Accessibility Advisory Council’s (AAC) is inviting interested stakeholders to provide their views to its initial proposal for an accessibility standard for employment. Therefore, employment is the second of five accessibility standards being developed under the Accessibility for Manitobans Act (AMA).

The purpose of the employment standards is to remove employment barriers for persons disabled by barriers—including the obligation to provide reasonable accommodation—under the Human Rights Code. This standard will have a timeline for compliance, however, all employers must engage in emergency planning one year after the standard comes into effect.

Specifically, the employment standards have the following . . . [more]

Posted in: Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation, Technology: Office Technology