ArticleShould Non-Human Animals Have Rights?Who is a "person"? If corporations can be "persons", why not chimpanzees? Do sentient non-human animals deserve legal rights?CanadaEnvironmentSiskinds LLP
ArticleYes, You Can Film the Police. No, They Cannot Seize Your DeviceA couple of days ago, a video surfaced online of Toronto Police officers doing their job in public.CanadaGovernment, Public SectorDevry Smith Frank LLP
ArticleA Reminder To BC Employers: Family Care Obligations To Accommodate Family Care Needs Amid PandemicCovid-19 has made working from home the new normal for many employees. This new reality has created challenges for employees who, due to the closure of schools, daycares and other social...CanadaCoronavirus (COVID-19)Norton Rose Fulbright Canada LLP
ArticleAre You In Compliance With The AODA?The latest phase of Accessibility for Ontarians with Disabilities Act compliance came into effect on January 1, 2016CanadaCorporate/Commercial LawBorden Ladner Gervais LLP
ArticleCanada's Modern Slavery Act Applies To Some Social Purpose Organizations: What You Need To KnowThe Fighting Against Forced Labour and Child Labour in Supply Chains Act (commonly referred to as Canada's Modern Slavery Act) came into force on January 1, 2024.CanadaCorporate/Commercial LawMiller Thomson
ArticleUN Special Rapporteur Raises Concerns About Canada's Current Approach To Human Rights Due Diligence For Canadian Companies: What Can Businesses Expect Moving Forward?As highlighted in a recent statement [PDF] by the United Nations Special Rapporteur on Contemporary Forms of Modern Slavery (UNSR), Canada's record of white-collar crime enforcement remains the subject of criticism domestically and internationally.CanadaCorporate/Commercial LawOsler, Hoskin & Harcourt LLP
ArticleWhy Ontario Must Keep Mandatory Inquests For Deaths In CustodyThis morning, I listened as family members remembered their loved ones at the opening of a coroner’s inquest into four deaths at the Toronto South Detention Centre. As photos of the men appeared on the screen, I was reminded why inquests like this one matter so much.CanadaCriminal LawHowie, Sacks & Henry LLP
ArticleA Hard Rain's A-Gonna Fall: How Employers Pay For Not Having A Bullying And Harassment PolicyEmployers are facing increasing costs as a result of incidents of bullying and harassment in the workplace, and must be aware of the multiple avenues from which liability can arise. British Columbia's Human Rights Code prohibits discrimination against a person regarding employment on a number of grounds, and provides the Human Rights Tribunal with the authority to make financial awards for injury to a complainant's "dignity, feelings and self-respect". CanadaEmployment and HRBorden Ladner Gervais LLP
ArticleAlberta Human Rights Tribunal Adopts Findings Of Workers' Compensation BoardIn Kebede v. SGS Canada Inc., 2019 AHRC 3, the Alberta Human Rights Tribunal (the "Tribunal") recently dismissed a portion of a human rights complaint on the grounds that the issue was already decided by the Alberta WCB.CanadaEmployment and HRMcCarthy Tétrault
ArticleAwards For Loss Of Wages In The Human Rights Context: They Can Be Higher Than You ThinkImagine terminating an employee after two years of service and being ordered to pay them a full year of lost wages. Or terminating after 16 years of service and having to pay 14 years of wages.CanadaEmployment and HRBernardi
ArticleBartender, Fired For Smoking Marijuana At Work, Loses Human Rights ComplaintA B.C. bartender has lost his human rights complaint after he was dismissed for smoking marijuana on shift.CanadaEmployment and HRDentons Canada LLP
ArticleB.C. Human Rights Tribunal "Unmasks" Unsubstantiated Discrimination Allegations And Delivers Common-Sense Decision On Masking PoliciesA very recent screening decision out of British Columbia provides some welcome reassurance to businesses attempting to enforce masking requirements amid claims of so-called "medical exemptions"...CanadaEmployment and HRCCPartners
ArticleBetween A Rock And A Hard Place: Employer Faces Competing Statutory ObligationsHow does an employer balance its obligation to maintain a safe workplace for employees with its duty to accommodate an employee with serious mental health issues?CanadaEmployment and HRFasken
ArticleContinuing Effects of Workplace Policies aren't New Incidents or Series of Incidents under the Ontario Human Rights CodeSection 34 offers certainty and protection to employers by imposing time limits on claims brought under the Ontario Human Rights Code ("the Code"). CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleDoes The Charter Trump Human Rights?A recent decision of the Ontario Court of Appeal has interesting implications when it comes to competing rights, particularly when some of those rights are protected by the Charter of Rights and Freedoms.CanadaEmployment and HRCassels
ArticleDuty To Inquire About Disabilities: Key Lessons From A Recent Ontario Human Rights DecisionThe applicant applied for a job and was invited to complete a short tryout to assess his suitability. He was asked to perform a task using a hammer drill. While doing so, he injured his hand, dislocating fingers and requiring medical treatment, including splinting, physiotherapy, and temporary work restrictions.CanadaEmployment and HRFasken
ArticleEmployer Pays A Heavy Price For Discriminatory Hiring PoliciesA recent decision by the Human Rights Tribunal of Ontario provides a stark reminder for employers that hiring policies ...CanadaEmployment and HRCCPartners
VideoGender Identity And Expression In The Workplace – Peter Straszynski – Torkin Manes Legalpoint VideoEmployers who deliberately choose not to hire candidates because they are "trans-people" are in direct violation of the Code. CanadaEmployment and HRTorkin Manes LLP
ArticleHuman Rights Tribunal Sanctions Employee For Withdrawing Human Rights Complaint At Last SecondHuman rights applications can be frustrating for employers. As even frivolous cases must usually go to a hearing in order to be dismissed, employers are forced to incur substantial costs.CanadaEmployment and HRMcCarthy Tétrault