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Archive for ‘Substantive Law: Judicial Decisions’

CHARTER ISSUES as REFLECTED in SECTION 3 and the WORKING FAMILIES DECISIONS: PART 6

Preamble

This post is the sixth of a series considering three major issues under the Canadian Charter of Rights and Freedoms: the impact of how the Supreme Court of Canada (SCC) has defined rights; the relationship between rights; and the relationship between guarantees of rights and freedoms and section 1 of the Charter. . . . [more]

Posted in: Justice Issues, Substantive Law, Substantive Law: Judicial Decisions

Must Have a Good Reason to File Human Rights Claim Late

The British Columbia Human Rights Tribunal recently allowed an employee’s discrimination complaint to proceed even though it was filed 18 months after the last instance of discrimination, beyond the one-year limitation period. The Tribunal found that the employee had a good reason to file her claim late, and there was no substantial prejudice from the delay. . . . [more]

Posted in: Case Comment, Substantive Law: Judicial Decisions

CHARTER ISSUES as REFLECTED in SECTION 3 and the WORKING FAMILIES DECISIONS: PART 5

Preamble

This post is the fifth of a series considering three major issues under the Canadian Charter of Rights and Freedoms: the impact of how the Supreme Court of Canada (SCC) has defined rights; the relationship between rights; and the relationship between guarantees of rights and freedoms and section 1 of the Charter. It is the Conclusion to the previous discussions. . . . [more]

Posted in: Justice Issues, Substantive Law: Judicial Decisions

Quitting Employee Leaves Money on the Table

By Daniel Standing LL.B., Editor, First Reference Inc.

Sometimes, when a period of employment comes to an end, the answers to why or how it ended become especially relevant. For example, under employment standards legislation, an employee may seek a payment on termination to which they are disentitled because of the facts leading to the breakdown in the employment relationship. This occurred recently in 2023 BCEST 17 (CanLII), where the British Columbia Employment Standards Tribunal refused the appeal of a worker who sought “length of service” compensation after finding that he quit his job. You can’t have your cake . . . [more]

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

Dishonest Expense Claim Sinks High Level Employee

Written by Daniel Standing LL.B., Editor, First Reference Inc.

Employees who enjoy a lot of discretion and autonomy in their jobs may be tempted to submit a false expense claim. If they do, they risk upsetting the relationship of trust that is central to their ongoing employment. When that happens, even if the amount of money at issue is relatively small, the repercussions can be drastic for the employee, like the plaintiff in 2023 BCSC 635. . . . [more]

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

CHARTER ISSUES as REFLECTED in SECTION 3 and the WORKING FAMILIES DECISIONS: PART 4

Preamble

This post is the fourth of a series considering three major issues under the Canadian Charter of Rights and Freedoms: the impact of how the Supreme Court of Canada (SCC) has defined rights; the relationship between rights; and the relationship between guarantees of rights and freedoms and section 1 of the Charter.

I focus the discussion of these issues through the lens of section 3, which guarantees the right to vote and to be eligible to sit in the legislature. Following the exploration of the SCC jurisprudence relating to each of the three issues in relation to section . . . [more]

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

Inquiries Into Employee Religious Beliefs Should Not Be an Inquisition

Written by Daniel Standing LL.B., Editor, First Reference

Many employers implemented COVID-19 policies requiring employees to become vaccinated or face negative work-related outcomes like unpaid leaves or suspensions. Apart from that point of commonality, different approaches were taken to employees’ requests for exemptions and those that were made on the basis of religion proved difficult to navigate. In one case, B.C. Rapid Transit Co. v Canadian Union of Public Employees, Local 7000 (Morzhakov Grievance), [2022] B.C.C.A.A.A. No. 114, Arbitrator Randall Noonan overturned the employer’s rejection of one such request because, he said, its process went too far and was . . . [more]

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

CHARTER ISSUES as REFLECTED in SECTION 3 and the WORKING FAMILIES DECISIONS: PART 3

Preamble

This post is the third of a series considering three major issues under the Canadian Charter of Rights and Freedoms: the impact of how the Supreme Court of Canada (SCC) has defined rights; the relationship between rights; and the relationship between guarantees of rights and freedoms and section 1 of the Charter.

I focus the discussion of these issues through the lens of section 3, which guarantees the right to vote and to be eligible to sit in the legislature. Following the exploration of the SCC jurisprudence relating to each of the three issues in relation to . . . [more]

Posted in: Justice Issues, Substantive Law: Judicial Decisions

Alberta Employer Discriminates by Refusing to Accept Rare Disease Test

Written by Lewis Waring, LL.B., Editor, First Reference Inc.

In a recent Alberta ruling, an employer was found to have failed to accommodate an employee’s rare disability when it refused to accept a lesser known medical test. Instead of maintaining a flexible attitude, the employer arbitrarily decided to reject the employee’s medical evidence merely because the test violated its policy. As a result, the employer was found liable for disability discrimination under the Alberta Human Rights Act.

Background

The employer was a public sector health services organization. The employee worked for the employer from 1992 in different positions until . . . [more]

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

CHARTER ISSUES as REFLECTED in SECTION 3 and the WORKING FAMILIES DECISIONS: PART 2

Preamble

This post is the second of a series considering three major issues under the Canadian Charter of Rights and Freedoms: the impact of how the Supreme Court of Canada (SCC) has defined rights; the relationship between rights; and the relationship between guarantees of rights and freedoms and section 1 of the Charter.

I focus the discussion of these issues through the lens of section 3, which guarantees the right to vote and to be eligible to sit in the legislature. Following the exploration of the SCC jurisprudence relating to each of the three issues in relation to . . . [more]

Posted in: Justice Issues, Substantive Law: Judicial Decisions

Three S’s Sink Safety Coordinator

By Daniel Standing LL.B., Editor, First Reference Inc.

Silence during the accommodation process, strange facts and self-serving evidence in support of a human rights complaint prove to be an unsatisfactory combination of factors for establishing a reasonable prospect of success in proving a complaint at a hearing. Exercising its gatekeeping function in 2023 BCHRT 1, the British Columbia Human Rights Tribunal dismissed a complaint that is equally odd (factually) and instructive (legally). . . . [more]

Posted in: Case Comment, Substantive Law: Judicial Decisions

CHARTER ISSUES as REFLECTED in SECTION 3 and the WORKING FAMILIES DECISIONS: PART 1

Preamble

This post is the first of a series considering three major issues under the Canadian Charter of Rights and Freedoms: the impact of how the Supreme Court of Canada (SCC) has defined rights; the relationship between rights; and the relationship between guarantees of rights and freedoms and section 1 of the Charter.

I focus the discussion of these issues through the lens of section 3, which guarantees the right to vote and to be eligible to sit in the legislature. Following the exploration of the SCC jurisprudence relating to each of the three issues in relation to . . . [more]

Posted in: Justice Issues, Substantive Law: Judicial Decisions