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Thursday, April 02, 2020 @ 12:58 PM

Constructive dismissal and COVID-19 | Stuart Rudner

For decades, we have had an underlying tension in the world of employment law. Specifically, although employment standards legislation sets out the parameters for how a business can impose temporary layoffs, it does not give businesses the right to do so. The legislation explains how long a layoff can last, and other parameters such as when it will be deemed to be a termination of employment, but the right to impose a temporary layoff must come from contract. ... [read more]

Thursday, April 02, 2020 @ 11:13 AM

Ontario emergency measures endanger marginalized, racialized groups | Naomi Sayers

On March 31, the Ontario government issued an order via the Emergency Management and Civil Protection Act (EMCPA). The Act was developed by Emergency Management Ontario’s predecessor, Emergency Measures Ontario after a comparison study was completed which examined emergency programs in Ontario, similar jurisdictions in Canada and the United States. ... [read more]

Wednesday, April 01, 2020 @ 8:34 AM

Pandemic observations from self-isolation | Malcolm Mercer

Late on Friday March 13, Toronto Public Health advised that everyone who had travelled outside of Canada go into self-isolation for 14 days after their return. My wife and I self-isolated having returned from United States six days earlier. As I write, it is now more than two weeks into a new world. Much has changed. ... [read more]

Tuesday, March 31, 2020 @ 12:35 PM

COVID-19 silver linings for justice system | Sam Goldstein

I like to look for the silver linings in life. For example, bats will never be on PETA’s endangered species list and no more discussion about climate change for awhile. Those are just two silver linings in this health crisis. I also think there is a silver lining in how the administration of justice has responded to COVID-19 and that response means that the administration of justice is going to better off once this is over. ... [read more]

Tuesday, March 31, 2020 @ 8:43 AM

Access to Justice: Justice in the time of social distancing | Beverley McLachlin

The COVID-19 virus has changed our world. It is unprecedented, impacting every aspect of our daily lives, keeping us apart from each other and shutting down most of our conventional ways of interacting in society, save for essential services. ... [read more]

Monday, March 30, 2020 @ 12:10 PM

Quarantine Act’s jail provisions should not be focus of attention | Kyla Lee

When the federal government announced that it was invoking the provisions of the Quarantine Act to require returning Canadian travellers to self-isolate for 14 days, many people were concerned about the potential implications of a charge and conviction under the Act. After all, the Act provides for fines and imprisonment of up to three years in some circumstances. ... [read more]

Monday, March 30, 2020 @ 8:51 AM

Postponement of 2020 Tokyo Olympics | Richard Pound

Prior to the International Olympic Committee’s recent decision to postpone the 2020 Games, scheduled to begin on July 24, the regular cycle of the modern Olympic Games has been interrupted only three times, all the result of cancellations caused by 20th century wars. There has never been a postponement, an intermediate alternative lying between persisting with an original schedule and outright cancellation. ... [read more]

Friday, March 27, 2020 @ 2:54 PM

COVIDIOTs could be deterred by Emergencies Act | Laurelly Dale

One might be intoxicated if they were to drink every time a reporter asked Prime Minister Trudeau whether he will try to invoke the Emergencies Act, R.S.C., 1985, c.22 (4th Supp.). ... [read more]

Friday, March 27, 2020 @ 11:01 AM

First Nation elections pose significant health risk | Pamela Palmater and Maggie Wente

First Nations in Canada are being told by federal officials that if they do not proceed with their elections, there will be a “governance gap,” i.e. the federal government will not recognize their governments. This sends the clear message that the federal government is more concerned about controlling First Nations’ governance practices than the health and safety of their citizens during the COVID-19 pandemic. ... [read more]

Friday, March 27, 2020 @ 9:26 AM

COVID-19 time for reflection, possible change | Rachel Goldenberg

It is March 2020 and I am currently sitting at my desk in my home office. I have a hot coffee beside me, my husband is working in the next room, and my children are happily and wildly playing around the house. Sounds simply idyllic, right? Not so much. We are all home, not of our own choosing, but because we are self-isolating, amid the COVID-19 pandemic that has spread across the world. We are all social distancing, staying home and trying to keep everyone we know and love healthy and safe. ... [read more]