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. National Magazine 2. Risk Management & Crisis Response 3. Reconciliation Syllabus 4. Labour Pains 5. Law of Work

National Magazine
Clearing a path for ‘exigent circumstances’

The Supreme Court of Canada has ruled that police were justified in impersonating a drug dealer on a phone seized during an arrest in order to orchestrate the arrest of another suspected dealer who was planning to deliver fentanyl-laced heroin. In a 6-3 decision, the Court said the warrantless search was justified by “exigent circumstances” that made it “impracticable” to obtain a warrant under s. 11(7) of the Controlled Drugs and Substances Act (“CDSA”). …

Risk Management & Crisis Response
Federal government plans mandatory climate disclosures for large private CBCA companies and voluntary sustainable investment guidelines

The federal government has announced complementary plans to enhance corporate sustainability and transparency. The push for federally mandated climate-related disclosures began in 2021 when Prime Minister Justin Trudeau tasked his Cabinet with creating a reporting framework aligned with the Task Force on Climate-related Financial Disclosures. In 2022, it was announced that federally regulated financial institutions would be required to publish climate disclosures starting in 2024. …

Reconciliation Syllabus
On the passing of the Honourable Murray Sinclair

We here at #reconciliationsyllabus were deeply saddened to learn today of the passing of the Honourable Murray Sinclair. Our thoughts are with his family, friends, colleagues, his communities, and the many people who have benefitted from his commitments throughout his life. We have experienced the depth and breadth of his work first-hand, listened to him here on our campus, and while we are so blessed to be beneficiaries of his teachings, we grieve alongside all those who mark his passing. …

Labour Pains
Fast-Tracking Wrongful Dismissal Claims: How Employers Can Benefit from Rule 21 Motions

How long will it take and how much will it cost before a judge can dismiss this wrongful dismissal case against me? That is a frequent question of employers who find themselves on the receiving end of a wrongful dismissal action in which the primary legal question is whether the employer’s employment contract legally establishes the employee’s severance entitlement. In Bertsch v. DatastealthInc., 2024 ONSC 5593, the Ontario Superior Court of Justice demonstrated that when the parties make use of the tools the system affords them, the system can work. …

Law of Work
Can Canada Post “Lay-Off” Strikers?

The strike at Canada Post is now into its second week. I’m frankly surprised that the Liberals haven’t just dusted off their new favorite Canada Labour Code Section 107 toy to order an end to the strike, like they’ve done three times already this year. A postal strike is far more disruptive to Canadians than a Westjet strike, but the Liberals were prepared to use s. 107 at Westjet. The use of s. 107 to bypass parliament and undermine the independence of the Canada Industrial Relations Board to end strikes may well eventually be struck down as unconstitutional, but the Liberals have already opened that can of worms, so it’s a little surprising that they are drawing the line at ordering an end to a postal strike at the busiest time of the postal year. …

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