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Archive for ‘Substantive Law’

Privacy Information: Cookieless Identification and Tracking of Devices

This blog post is entirely written by Christina Catenacci, BA, LLB, LLM, for First Reference Talks. Christina is currently pursuing a PhD at the University of Western Ontario with a focus on privacy law.

On August 21, 2017, the Office of the Privacy Commissioner of Canada released an informative piece regarding cookieless identification and tracking of devices. Interestingly, there is a new technique called, “fingerprinting”, which can work to enable website operators, advertising companies, and other organizations to track users – even when they clear their cookies. The document explains the implications and what people can do to protect their . . . [more]

Posted in: Legal Information, Miscellaneous, Practice of Law, Practice of Law: Marketing, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation, Technology, Technology: Internet

PIPEDA Privacy Breach Notification Regulations Published for Comment

The draft privacy breach regulations under PIPEDA have just been published. They are open for comment for 30 days.

These regulations detail the mechanics of notifying the Privacy Commissioner and individuals when there is a privacy breach. PIPEDA was amended some time ago to require mandatory notification when there is a breach that results in “real risk of significant harm”. Those provisions will come into force after the regulations are passed.

The draft regulations are about what were expected. They are similar to those under Alberta privacy legislation.

I agree with David Fraser’s view that section 4(a) that says notification . . . [more]

Posted in: Substantive Law: Legislation

Court Stays Criminal Negligence Charge Against Worker

The Ontario Superior Court of Justice stayed a criminal negligence charge against a boom truck worker who pleaded guilty to an Occupational Health and Safety Act charge three years earlier after causing a workplace fatality. The Court reasoned, in part, that the police’s uncertainty in laying the criminal charges after the worker’s guilty plea to the OHSA charges constituted a breach of the sense of fair play. The Court cited a breach of sections 7 and 11(d) of the Canadian Charter of Rights and Freedoms. . . . [more]

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

Employee’s Appeal for Dismissal of His Wrongful Termination Action Rejected

The employee in this case appealed the dismissal of his wrongful dismissal action. One of the issues on appeal was whether the trial judge reversed the onus on the employee to prove just cause. . . . [more]

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

An Online Newspaper Is Not a Newspaper

Newspapers have for centuries played a central role in giving effect to freedom of expression in Western democracies. The limits, and privileges, afforded to them have changed over time. The courts are still struggling to redefine these limits, especially in a digital era when even traditional newspapers are increasingly moving their content online.

The inception of the printing press in the 15th-16th c. revolutionized Western Europe, widely disseminating ideas like never before. Many of these ideas were considered dangerous to the state, either treasonous or heretical (or both, given the close relationship between church and state at that time), and . . . [more]

Posted in: Substantive Law: Judicial Decisions

British Columbia Human Rights Commission Coming Back After 15 Years

On August 4, 2017, the newly elected NDP government announced that they will “re-establish a human rights commission to fight inequality and discrimination in all its forms.” . . . [more]

Posted in: Justice Issues, Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Company That Released Result of Employee’s Drug Test Contravened Privacy Law

Written by Cristina Lavecchia, Editor, First Reference Inc.

An employee working for a an international trucking company that is considered a federally regulated employer alleged that while his accident claim was active with a provincial workers’ compensation board (WCB), his employer informed the WCB, without his knowledge and consent, that he had tested positive in a drug test.

According to the employer, they were required to disclose this information by law. However, the WCB and the Office of the Privacy Commissioner of Canada both affirmed that the circumstances in this case did not require the employer to make such a . . . [more]

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

A Judicial Vision of Canada at 150 and Beyond

For most of us today, the Supreme Court of Canada is the arbiter of the most complex questions of law, and the definitive authority for morality in our democracy.

It wasn’t always that way. In 1867, Canada was still largely an extension of the British Empire, and the Judicial Committee of the Privy Council in London (England, not Ontario), was still maintained for appeals until 1949. The King–Byng Affair and Balfour Declaration let to an amendment of the Supreme Court Act in 1949, and the final case being appealed to it in 1959.

It’s influence quickly accelerated. In 1968, . . . [more]

Posted in: Justice Issues, Substantive Law: Judicial Decisions

Ontario AODA Compliance and Enforcement 2016 Report

On June 21, 2017, the Ontario Accessibility Directorate tabled the accessibility compliance and enforcement report for 2016. The report outlines the Directorate’s activities in 2016 to oversee compliance with the Accessibility for Ontarians with Disabilities Act and its accessibility standards. . . . [more]

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

Transport Canada Publishes Draft Drone Rules – Still Not Hobbyist Friendly

In March I wrote about Transport Canada’s overly restrictive drone rules. A few weeks ago they lightened those rules a bit.

Transport Canada just released draft permanent rules for comment. They propose a complex set of rules that vary among 5 different categories of drone. While the proposed rules will make commercial use a bit easier, they are not friendly to personal use.

MobileSyrup details the proposed rules and comments that: “The new rules, if approved, would dramatically reduce the paperwork burden on both Transport Canada and commercial drone operators, but they would also increase the costs for all . . . [more]

Posted in: Substantive Law: Legislation, Technology

Problems in Family Law Are More Than Just Gender

Lawyers agree on few things, but one of the issues that there appears to be consensus on is that the legal system is in crisis. The family law system is particularly strained, and complaints about family law go back decades.

I touched on this briefly in my recent column in National Magazine,

From 1997 to 1999, the Special Joint Committee on Child Custody and Access studied the impact of family law on children. The main complaint was that the process affected parents’ relationships with their children.

Litigants (sic) pointed to a presumed gender bias in the courts, unethical practices

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

Public Hearings on Bill 148, Fair Workplaces, Better Jobs Act

The Ontario Legislative Assembly Standing Committee on Finance and Economic Affairs met from July 10 to July 14, 2017 (we were informed that hearings are continuing to July 21, 2017, Hamilton is today and Toronto closes the tour tomorrow) to consider and hold public hearings on Bill 148, Fair Workplaces, Better Jobs Act, 2017. The Bill amends the Employment Standards Act, 2000, the Labour Relations Act, 1995 and makes related amendments to other Acts. The government wanted to be sure that there are no unintended consequences because the changes in the Bill contain complex policies. . . . [more]

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