On May 23, 2017, the Government of Ontario released the Changing Workplaces Review final report by authors C. Michael Mitchell and John C. Murray. It contains 173 recommendations that recommend significant changes to Ontario employment law aiming to create better workplaces with decent working conditions and widespread compliance with the law. The authors consulted with workers, unions and businesses for two years on a wide range of work-related issues. This was the first independent review in Canada to consider specific legislative changes to both employment standards and labour relations in a single manner.

The following is a brief overview of . . . [more]

Prepared by Windsor Law Student Lois Boateng, this Table of Concordance sets out a side-by-side comparative view of Part III (Child Protection) of the Child and Family Services Act, RSO 1990, c C 11, and Part V (Child Protection) of Bill C-89, An Act to enact the Child, Youth and Family Services Act, 2016, to amend and repeal the Child and Family Services Act and to make related amendments to other Acts (41st Parl, 2nd Sess) Ontario (2017).

A very helpful tool for anyone who is interested in quickly seeing the proposed changes to this Act. . . . [more]

New York State is considering legislation to require drivers involved in auto accidents to allow the police to inspect their mobile phones for signs of recent activity. Presumably signs of such activity would be grounds for charges for driving while distracted, and might lead to evidence to support civil liability as well.

It’s interesting that the technology for detecting such recent activity does not currently exist, but it is being developed as the legislation is working its way through the process.

The developers, the legislators and the police all say that the technology will not permit any review of the . . . [more]

Written wholly by Cristina Lavecchia, Editor at First Reference

The issue in this matter was whether or not the employee was terminated for just cause. It was the employer’s position that it properly terminated the employee for just cause. That is, the employee was absent without leave for a four-week period, the employer attempted to contact the employee to no avail, and the employee failed to contact the employer or provide any information of a medical nature to explain his absence. The Arbitrator in this matter, however, did not quite agree with the employer. In essence, the Arbitrator expressed that . . . [more]

Nova Scotia’s Accessibility Act received Royal Assent on April 27, 2017. Nova Scotia becomes the third Canadian province to enact accessibility legislation. The Nova Scotia Accessibility legislation aims to achieve accessibility in the whole province by 2030. . . . [more]

The Saskatchewan Labour Relations Board (Board) notes that the following case is a “cautionary tale” for corporate directors. That is, the corporate directors in this case, unfortunately, “failed to scrutinize rigorously” the information provided to them by management and effectively left the day-to-day workings of the business’ operations solely to the owner, much to their detriment. . . . [more]

The private right of action for sending spam in violation of CASL comes into force on July 1. Many companies are dreading it – some class action lawyers can’t wait. The right thing for the government to do would be to completely scrap CASL – the statute is that bad and ill-conceived. But wishful thinking won’t make it go away.

At the moment, CASL violators are subject to enforcement proceedings by the CRTC. But after July 1, those who have been spammed in violation of CASL can sue the sender. Here are some things to keep in mind about the . . . [more]

On April 11, 2017, the federal government introduced Bill C-44, the Budget Implementation Act, 2017, No. 1, omnibus legislation that would enact various measures outlined in its 2017 Budget. This article deals with the Bill’s amendments to Employment Insurance benefits under the Employment Insurance Act and similar measures under the Canada Labour Code. . . . [more]

The Cannabis Act, which will legalize the recreational use of cannabis across Canada, was unveiled by the federal government this past Thursday.

The Act is fairly dense, spanning 226 sections and 6 schedules. While there is a lot of content to digest in the Cannabis Act this is only the tip of the legislative-iceberg. Much of the new law will be encoded in the yet to be drafted federal regulations. Additionally, the provincial and municipal governments across the country have a large role to play as they have been explicitly given authority by the federal government to fill in . . . [more]

It has been a little under seven years since Bill 168 made amendments to Ontario’s Occupational Health and Safety Act (OHSA) by adding employer obligations regarding the prevention of workplace violence and harassment. Considering the release of recent employer convictions for failing to comply with employer obligations to prevent and protect workers from violence under OHSA, we thought it would be good to look at some of these cases and revisit the legislation to help employers understand those obligations and comply. . . . [more]

In February, we posted a discussion with respect to how workplace political expression could go awry with human rights law. The article also provided best practices on how human resources professionals and employers can appropriately address human rights complaints specifically on the basis of political belief, activity or association. However, a comment sparked further discussion on how workplace political expression could also contravene harassment provisions under occupational health and safety legislation. . . . [more]

Connie Crosby, President of the Canadian Association of Law Libraries (CALL), has written a letter to The Honourable Judy M. Foote, Minister of Public Services and Procurement Canada, explaining the many concerns law librarians have about the idea of discontinuing the paper publication of the annual Statutes of Canada.

The letter is in response to a CBC News report that the federal government might consider changes to legislation that requires that Canada’s annual laws be made available in print.

In her letter, Crosby calls on the government to take care before any move to a digital-only policy, in . . . [more]