Guilt by association or willful blindness? Denial of airport security...
The Federal Court recently upheld the denial of a security clearance to a woman who worked for Westjet. The security clearance was a condition of her employment at the Vancouver International Airport....
View ArticleReleases, human rights claims and mental health disabilities: guidance from...
The importance of attention to both the language in a Release and the context of its signing has been highlighted in a recent Federal Court decision. The Canadian Human Right Commission (CHRC) declined...
View ArticleCHRC decision not to reactivate complaint after grievances withdrawn...
A decision of the Canadian Human Rights Commission (CHRC) not to investigate a human rights complaint that had been the subject of grievances under the Public Service Labour Relations Act has been...
View ArticleReinstatement under the Canada Labour Code: the Federal Court of Appeal...
In a recent post, I highlighted a Federal Court decision about reinstatement for non-unionized employees under the Canada Labour Code. The Federal Court of Appeal recently reviewed the issue in a...
View ArticleLie detectors and the truth
Ontario MPP Frank Klees has suggested that Ontario’s new premier should take a lie detector test after she said she was not involved in the decision to cancel gas plants. We don’t see much discussion...
View ArticleMinisters lobbying judges: a “little silly” rule?
The Minister of Aboriginal Affairs, John Duncan, has resigned over a letter he sent to a Tax Court judge on behalf of a constituent. Earlier this year, the Ethics Commissioner criticized the Finance...
View ArticleSurreptitious recordings and admissibility
Recording conversations without consent is a very easy thing to do, with most cellphones and smart phones having some form of digital recording capability. And concerns have been raised about the...
View ArticleStriking the balance in picket line injunctions and the importance of protocols
A strike is underway at a Sobey’s warehouse in Milton, Ontario. The employer sought an injunction to prevent delays in getting perishables across the picket line. The Superior Court granted the...
View ArticleSummary Proceedings and procedural fairness: First Nations Child and Family...
The Federal Court of Appeal recently issued its decision in the First Nations Child and Family Caring Society and the Assembly of First Nations human rights case against the federal government. The...
View ArticleGuides for Preparing Parties for Mediation
One of the keys to a successful mediation is having participants who are prepared and who have given some thought to what they want to achieve in mediation. The role of counsel and representatives in...
View ArticleGuides for Preparing Parties for Mediation
One of the keys to a successful mediation is having participants who are prepared and who have given some thought to what they want to achieve in mediation. The role of counsel and representatives in...
View ArticleDay parole revoked by parole officers “precipitously”: offender awarded 20K...
An inmate’s day parole was revoked by two federal parole officers based on uncorroborated hearsay information. While on day parole the inmate was working and earning approximately 20 dollars an hour....
View ArticleFederal Court Judge slams RCMP grievance process: timely resolution of...
The dispute resolution system for RCMP officers has come under sharp criticism in a recent decision of the Federal Court. An RCMP officer filed a judicial review application of an internal decision...
View ArticleFear and guilt as mediation tools
Thanks to Professor Jen Reynolds of the University of Oregon and her post at the ADR Prof blog, I was alerted to an interesting study on the use of fear and guilt in mediation. The study appears in the...
View ArticleRising frustration with self-represented
There appears to be a rising frustration with (some have even said contempt of) self-represented litigants by judges. The Ontario case of R. v. Duncan is the most recent example that has received some...
View ArticleFederal Court advisory group proposes plain language guides for litigants
I have a column at slaw.ca this week on literacy and access to justice. A Federal Court subcommittee tasked with examining the Federal Court Rules issued a report last Fall that touches on access to...
View ArticleStriking the balance in picket line injunctions and the importance of protocols
A strike is underway at a Sobey’s warehouse in Milton, Ontario. The employer sought an injunction to prevent delays in getting perishables across the picket line. The Superior Court granted the...
View ArticleSummary Proceedings and procedural fairness: First Nations Child and Family...
The Federal Court of Appeal recently issued its decision in the First Nations Child and Family Caring Society and the Assembly of First Nations human rights case against the federal government. The...
View ArticleGuides for Preparing Parties for Mediation
One of the keys to a successful mediation is having participants who are prepared and who have given some thought to what they want to achieve in mediation. The role of counsel and representatives in...
View ArticleDay parole revoked by parole officers “precipitously”: offender awarded 20K...
An inmate’s day parole was revoked by two federal parole officers based on uncorroborated hearsay information. While on day parole the inmate was working and earning approximately 20 dollars an hour....
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