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 more than 80 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. Labour Pains 2. Know How 3. Double Aspect 4. Canadian Securities Law 5. The Docket

Labour Pains
Province of Ontario Grants Province’s Publicly Assisted Post-Secondary Institutions Unfettered Discretion to Address Sexual Misconduct; Bans NDAs

If an employee of one of Ontario’ publicly-assisted universities or colleges of applied arts and technology commits an act of sexual misconduct toward a student of an institution, what penalty should or must apply? Owing to a recent change in the Ministry of Training, Colleges and Universities Act, the answer is entirely within the hands of the institution with some very serious consequences, including permanent exclusion from being re-employed by the dismissing institution. …

Know How
Of Ghosts, the Supernatural, and….Skepticism?

It’s that time of year again: when the leaves turn colour, the air gets cooler, the nights longer, and the librarians delve into our special collections to find the creepy and weird. This year, two librarians picked a title that sparked their interest and came up with two unique books: one discussing the various types of ghosts, monsters, and fae creatures, and one musing on the supernatural. Each description is written in the librarian’s own voice. …

Double Aspect
The UK Home Secretary wants to ban homeless people’s tents

The Financial Times’s Peter Foster and Lucy Fisher report on plans by the UK’s Home Secretary Suella Braverman to crack down on those who are called “rough sleepers” on this side of the pond, or simply homeless people on the other. They would be banned from sleeping in ― and charities that help them would be banned from distributing ― tents. The report quotes predictable and understandable criticisms of this on the merits, but I would like to make a different point about Ms Braverman’s plan: namely, that it is yet another example of a policy that seeks to nudge people by “crapping on them”, to use the language of that noted political philosopher Emmanuel Macron. …

Canadian Securities Law
Canada’s Proposed Share Buyback Tax

On August 4, 2023, the Department of Finance released a revised version of its proposed 2% equity buyback tax (“Buyback Tax”) that will apply to relevant transactions that occur on or after January 1, 2024. The draft legislation does not include an exception for equity issued prior to the effective date for the Buyback Tax. Although not strictly speaking an income tax, the Buyback Tax will be included in the Income Tax Act (Canada) (“Tax Act”) as a new Part II.2. The Buyback Tax was first announced in the government’s 2022 fall economic statement, with an initial version of the draft legislation being introduced as part of the 2023 federal budget. …

The Docket
Rachel Gilmore

So, episode 137– a new record. But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast – right? You should. This episode we sit down with journalist Rachel Gilmore. Some call her a lightning rod for the far right, but more accurately she is a great communicator who delivers excellent short-form news reports that expose misinformation and extremists across all the social media platforms (but not Facebook, sorry olds). …



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

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