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Supreme Court of Canada

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Monday, May 10, 2021 @ 1:24 PM

Supreme Court, leave to appeal for youth in face of dissent Young man behind bars

Young people are different. They think differently, they act differently, and they are treated differently in the criminal law. The Youth Criminal Justice Act offers a number of protections for young people. It limits the availability of jail as a sentencing option. It encourages rehabilitation. It recognizes the different decision-making qualities of a young person. The Youth Criminal Justice Act is a codification of Canada’s commitments to the United Nations Convention on the Rights of the Child and Standard Minimum Rules for the Administration of Juvenile Justice (the “Beijing Rules”). ... [read more]

Friday, May 07, 2021 @ 2:55 PM

YOUNG PERSONS - Legislation - Youth Criminal Justice Act - Rights of young person

Appeal by CP, a young person, from a decision of the Ontario Court of Appeal that affirmed his conviction for sexual assault. ... [read more]

Friday, May 07, 2021 @ 2:18 PM

Defamatory publications on Instagram enjoined Social media attach on a mobile phone

Instagram, an Internet-based social media platform, is described as a “photo and video sharing social networking service.” Launched in October 2010, it now has over one billion users worldwide. It is a powerful networking tool. However, like other social media platforms, Instagram can unfortunately be used to harass, bully and defame someone and create devastating psychological harm. ... [read more]

Friday, May 07, 2021 @ 8:36 AM

Mischievous chalk: Making your voice heard Protestors writing on road with chalk

From John Lennon and Yoko Ono’s bed-in protesting the Vietnam War, to the 1963 March on Washington where Dr. Martin Luther King gave his famous “I Have a Dream” speech, peaceful protests have been a pillar of Western democracy. Closer to home, we regularly see protests against politically charged cutbacks to health care and education. In fact, I can still remember accompanying my mother, my “Get the Message” scarf wrapped proudly around my neck, and joining the protests for public education at the Alberta legislature grounds in the 1990s. Lately another modern protest tactic has gained notoriety — sidewalk chalk, usually outside of the offices of the local member of the legislative assembly.   ... [read more]

Wednesday, May 05, 2021 @ 1:15 PM

Failure to comply with termination clause is repudiation of employment agreement Employment agreement

In Perretta v. Rand A Technology Corporation 2021 ONSC 2111, the Ontario Superior Court held that an employer’s failure to comply with the termination clause in an employment contract resulted in the employer’s repudiation of the employment agreement. The decision is yet another in which an Ontario court held that a termination clause in an employment contract was unenforceable and should be noted by employers and employment lawyers.   ... [read more]

Tuesday, May 04, 2021 @ 10:41 AM

Are COVID layoffs constructive dismissals? Maybe Man fired because of COVID-19

Layoffs are spells of employees’ temporary unemployment at the employer’s instigation. Neither the Employment Standards Act, 2000 (ESA) nor common law confers upon the employer the right to a layoff. Consequently, a layoff is a contractual right. Absent an express or implied term in a contract of employment to the contrary, a unilateral layoff is a constructive dismissal that entitles employees to damages. A finding of constructive dismissal requires that the employer’s conduct evince an intention no longer to be bound by the contract. For instance, significantly reducing wages or unilaterally laying off an employee can qualify as a constructive dismissal. ... [read more]

Friday, April 30, 2021 @ 4:49 PM

CRIMINAL LAW - Crown prosecutor

Appeal by the Attorney General of Ontario from a judgment of the Ontario Court of Appeal that affirmed the dismissal of the Attorney General’s motion to strike the respondents’ misfeasance claim. ... [read more]

Friday, April 30, 2021 @ 10:29 AM

21st century city-state: Empowering municipality of future | Bo Kruk

Municipalities have often found themselves the subject of political gamesmanship from the other levels of government. As the public has become disillusioned with federal and provincial governments, Canadians are turning more to this third level of government. While it is only the federal and provincial governments that are rooted in the Canadian Constitution, as part of this political gamesmanship candidates for provincial election have been advocating for “maximum municipal sovereignty” (spoiler: not a thing). ... [read more]

Monday, April 26, 2021 @ 1:35 PM

Racism at work: Is Canadian labour and human rights law working hard enough? Black and White Businessmen with thought balloon

Ever since the murder of George Floyd by a Minneapolis police officer in May 2020 shook the world, Canadians have debated the depth of racism in our own society. Shortly after Floyd’s killing, Prime Minister Justin Trudeau acknowledged that: “There is systemic discrimination in Canada, which means our systems treat Canadians of colour, Canadians who are racialized, differently than they do others.” Earlier federal reports on missing and murdered Indigenous women and girls, and on the abuses at Indigenous residential schools, have also put a spotlight on the deep-rootedness of racism in Canada. ... [read more]

Friday, April 23, 2021 @ 1:24 PM

HUNTING, FISHING OR TRAPPING - Offences and penalties - Constitutional issues - Recognition of existing Aboriginal and treaty rights

Appeal by the Crown from a decision of the British Columbia Court of Appeal that confirmed the acquittal of the respondent Desautel on charges of hunting without a licence and hunting big game while not being a resident of the province. ... [read more]