Author: Vanessa Payne
SCC upholds Indigenous child welfare legislation, but misses opportunity to go further
The Supreme Court of Canada has upheld the constitutionality of landmark federal legislation that establishes national standards for the provision of culturally appropriate child and family services for Indigenous children and seeks to provide concrete means for Indigenous peoples to assume effective control over their children’s welfare. However, the Court missed an opportunity to affirm that section 35 protects the right of Indigenous peoples to self-govern in the core area of child welfare.
Wrongful Dismissal Decision Based on “Exceptional Circumstances” Upheld by Ontario Court of Appeal
Beyond Bardal: Clio Godkewitsch discusses a recent Ontario Court of Appeal decision in which a wrongfully dismissed employee was awarded an enhanced reasonable notice period based on “exceptional circumstances.”
City Council Declares Gender-Based & Intimate Partner Violence an Epidemic in the City of Toronto
Under the leadership of Toronto’s new Mayor Olivia Chow, Toronto add its voice to the growing list of Ontario municipalities to commit to taking action to end gender-based violence and intimate partner violence.
Canada Needs a New Sectorial Bargaining Model
Canada’s current model of establishing labour standards and collective bargaining has not sufficiently adapted to our present labour market. Mark Rowlinson discusses a model of sectoral bargaining that could enhance collective bargaining in Canada, and invites you to learn more at a Centre for Future Work webinar on the issue on November 28, 2022.
September 30th, 2022: The ongoing but worthwhile struggle for truth and reconciliation
Maria Lucas discusses how developments in Indigenous child and family welfare over the past year reveal the ongoing but worthwhile struggle for truth and reconciliation.
Can I receive workers’ compensation if I am injured while working from home?
With the rise of remote work or hybrid work, these types of questions have become all the more common. Gabriel Hoogers and former articling student Erin Sobat review the Workplace Safety and Insurance Appeals Tribunal’s approach to injuries sustained while working from home.
Can a COVID-19 layoff constitute constructive dismissal?
Can a COVID-19 layoff constitute constructive dismissal? Sophia Abbatt considers the OCA’s decision in Hanley Hospitality, the current state of the law, and what it all means for workers.
When is it Appropriate to Determine Questions of Law on a Rule 21 motion?
Considering bringing a Rule 21 motion to determine a question of law? Melissa Sonneman-Samuel reviews the OCA’s most recent decision on the issue.
What can union officials do about harassment?
Union officials provide essential services to their members, supporting workers when they have issues with their employers and representing them at difficult times. But there are unfortunately situations where they are subject to harassing behaviour or comments. Ben Piper looks at the mechanisms available to deal with harassment in these situations.
Where to Litigate Your Pension Dispute
Do you have a pension problem that requires a solution? In this final installment in the Pension Law Series, Sue Philpott outlines your options for having your pension dispute resolved.