On May 29, 2019, the Northwest Territories tabled Bill 57, An Act to Amend the Employment Standards Act to align with recent changes to certain statutory leaves in the Canada Labour Code and the Employment Insurance Act, as well as to update certain provisions of the Employment Standards Act to better protect Northwest Territories workers. . . . [more]

In December 2017, legislative amendments under the Budget Implementation Act, 2017, No. 2 (introduced as Bill C-63), to Part III (employment standards) of the Canada Labour Code (the Code) to limit unpaid internships in the federally regulated sector to only those that are part of an educational program were enacted but did not come into force right away. On June 8, 2019, the federal government published proposed regulations in the Canada Gazette to extend standard health and safety protections to unpaid interns and to enact supporting regulations regarding limitations to internships under Part III of the Canada Labour Code. . . . [more]

The court system is designed by lawyers for lawyers for a bygone era. As technology develops and the numbers of self-represented litigants increase, the design flaws in our paper based court system becomes more apparent.

Recently, the Chief Justice of the Ontario Superior Court of Justice, the Honourable Heather Smith addressed this issue with the Toronto Star. Justice Smith stated that “there really is no difference walking into a courtroom at 361 University Ave than there was 40 years ago.” Justice Smith further adds that the way paper moves through the court system is madness. “Even digital files . . . [more]

In preparation for the September 1, 2019, coming into force date of the amendments to Part III (Labour Standards) of the Canada Labour Code, the federal government registered in the Canada Gazette, Part II, Volume 153, Number 12, on June 3, 2019, the consequential amendments to the Canada Labour Standards Regulations. This is intended to align the Regulations with the new and amended Canada Labour Code provisions and to support their implementation. Additional housekeeping amendments are also needed to address other editorial and alignment issues. . . . [more]

I spent a fair amount time in early 2018 drafting a set of rules for the arbitration of family law cases. This was motivated, firstly, by provisions of British Columbia’s Arbitration Act that require the use of certain commercial arbitration rules unless the parties agree otherwise, and, secondly, by the benefit of creating rules specifically tailored for family law disputes. Although the rules I drafted are written in plain language and cover hearing from children, mandatory minimum levels of financial disclosure and parenting assessments, I’ve become less and less fond of them as time has passed. They’re too long, . . . [more]

Recently, a Nova Scotia Human Rights Board of Inquiry awarded a record $593,417 in damages, including $105,650 for injury to dignity and $433,077 for wage loss, to a former Halifax transit worker employed as a mechanic who suffered racial harassment and discrimination at work.

In a previous ruling released in March 2018, Nova Scotia Human Rights Commission board of inquiry chair Lynn Connors found widespread racial discrimination and a poisoned work environment at Halifax Transit’s garage. The Halifax Regional Municipality (HRM) was found vicariously liable for the actions of their employees.

Connors stated,

“I find based on the facts

On May 30, 2019, the British Columbia government gave royal assent to an amended version of Bill 8, Employment Standards Amendment Act, 2019 to significantly update the Employment Standards Act, and royal assent to an amended version of Bill 30, Labour Relations Code Amendment Act, 2019 to provide greater protections for unionized workers. According to the government, the changes will better protect workers, bring greater stability for employers and more durable labour relations. . . . [more]

On May 27, 2019, the Alberta government tabled Bill 2, An Act to Make Alberta Open for Business to make amendments to the Employment Standards Code and the Labour Relations Code. This involves rolling back certain measures that were implemented by the previous government and adding in new rules. According to the government, the proposed Open for Business Act would reduce unfair burdens on businesses and give workers more rights in unionized workplaces.

Employment Standards Code changes

1. Introducing a $13 per hour minimum wage rate for students under 18:

This change is not part of Bill 2, but . . . [more]

The SNC Lavalin controversy, and in particular the allegation that the former Attorney General was improperly pressured by the Prime Minister’s Office to resolve the prosecution in favour of the defendant, has raised widespread concern about to the state of the rule of law in Canada. This is remarkable, as the rule of law does not often attract this degree of public attention. Canada is generally highly respected in the global community for its legal order.

One of the precepts of the rule of law is that all citizens are subject to the same law administered without bias by an . . . [more]

Recently, the Honourable Justice Clement Gascon of the Supreme Court of Canada addressed his momentary absence from work on May 8th, 2019.

For over twenty years, I have been dealing with a sometimes insidious illness: depression and anxiety disorders. This is an illness that can be treated and controlled, some days better than others. On the afternoon of Wednesday, May 8, affected both by the recent announcement of a difficult and heart-rending career decision and by a change in medication, I conducted myself in an unprecedented and unaccustomed manner by going out without warning and remaining out of touch for

On May 1, 2019, the Manitoba’s Accessibility Standard for Employment became the second standard enacted by Regulation (70/2019) under The Accessibility for Manitobans Act which aims to remove and prevent barriers in employment practices to meet the needs of employees and job applicants with disabilities.

The Accessibility Standard for Employment requires larger organizations and businesses with 50 or more employees to implement and document accessible employment policies, measures and practices (i.e., recruiting, performance review, career development etc.). They must also make these available to the public upon request in an accessible format, and provide reasonable accommodation to employees . . . [more]

On April 29, 2019, the British Columbia government tabled Bill 8, Employment Standards Amendment Act, 2019 to significantly update the Employment Standards Act and incorporate some recommendations from the BC Law Institute, as well as from the BC Employment Standards Coalition, the BC Federation of Labour and feedback from workers, employers and the public. Further recommendations from these reports will be considered at a later date and proposed legislation tabled.

The ESA has not been significantly updated for 15 years and there are several areas where changes are needed and overdue. However, the government will be implementing the updates in . . . [more]