Ms. Partridge, age 36, worked for the employer for seven years, initially as a hygienist, and thereafter as a dental practice office manager. Following her return from maternity leave, the employer demoted her to her initial hygienist position with reduced hours and pay. Ms. Partridge objected to the material changes in her employment and reminded her […]
The tragic suicide of Rahtaeh Parsons as a result of relentless cyber-bullying in 2013 elicited the sympathy and concern of not just Canadians but also the international community. Only three weeks after her death, the Nova Scotia legislature enacted the Cyber-safety Act, SNS 2013, c 2 [CSA]. The CSA aimed to address cyberbullying and was […]
The recent Supreme Court of Canada (“SCC”) decision in Jeyakannan Kanthasamy v Canada (Minister of Citizenship and Immigration), 2015 SCC 61 [Kanthasamy] is an exciting and welcome development in immigration and refugee law as it broadens the scope and definition of humanitarian and compassionate grounds under the Immigration and Refugee Protection Act, SC 2001, c […]
Toronto police are set to launch a new youth diversion program that will be fully implemented by early 2016. In a recent news release, the two Toronto Police officers responsible for spearheading this program describe the benefits of pre-charge diversion in lowering youth recidivism (i.e. reoffending) rates. They also bring attention to the positive results […]
The British Columbia Court of Appeal (“BCCA”) case Ktunaxa Nation v BC, 2015 BCCA 352 [Ktunaxa], has some problematic implications for the scope of religious freedom under section 2(a) of the Charter. Aboriginal spirituality has never officially been recognized under 2(a). It is likely that Ktunaxa will go to the Supreme Court of Canada (“SCC”). […]
In the civil litigation context, it has been a client’s longstanding right to challenge the reasonableness of his or her lawyer’s account for services rendered. Clients may apply to have a lawyer’s costs assessed by a court under Rule 58 of the Rules of Civil Procedure, RRO 1990, Reg 194. Evans Sweeny Bordin LLP v […]
There is an inherent tension in the relationship between parents and child protection agencies. Interactions often occur under the threat of litigation and apprehension. In JP v British Columbia (Children and Family Development), 2015 BCSC 1216 [JP], Justice Walker of the Supreme Court of British Columbia considered whether child protection agency workers owed a duty of […]
At issue in R v Lloyd, 2014 BCCA 224 was whether section 5(3)(a)(i)(D) of the Controlled Drugs and Substances Act, SC 1996, c 19 [CDSA] amounted to cruel and unusual punishment under section 12 of the Charter. Section 5(3)(a)(i) of the CDSA contemplates certain conditions whereby a sentencing judge must impose a mandatory minimum sentence […]
In R v Moriarity, 2015 SCC 55 [Moriarity], the Supreme Court of Canada (“SCC”) looked at whether certain provisions of the National Defence Act, RSC 1985, c N-5 [NDA] are overbroad and contrary to section 7 of the Canadian Charter of Rights and Freedoms [Charter]. The practical consequences of the case have to do with […]
This is the first part of a two-part series. Part I will look at the implications of Alberta (Attorney General) v Moloney, 2015 SCC 51 [Moloney]. Part II will focus on the Saskatchewan (Attorney General) v Lemare Lake Logging, 2015 SCC 53 [Lemare] decision. Part I As a federal state, there is a plurality of legislative bodies in Canada with the constitutional authority […]