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COVID-19 Paid Sick Leave
Over the past several months, the B.C. Government has introduced several changes to the Employment Standards Act (“ESA”). As recent as May 20, 2021, new amendments have come into force that now provide employees up to three days paid sick leave for COVID-19 related absences. Employers and employees should beware, however, that not all COVID-19 related absences…
Read MoreBC Government Announces Paid Sick Leave for COVID Absences
On May 11, 2021, the BC Government announced that it plans to provide up to three days of paid sick leave to workers forced to miss work due to COVID-19. Employees who are diagnosed with COVID-19, who need time off to self-isolate and those who are awaiting a COVID-19 test result, will all qualify for…
Read MoreR. v. Desautel, 2021 SCC 17: a Purposeful Step towards Rights-Recognition and Reconciliation with Indigenous Peoples
April 23, 2021 marked a triumph for Aboriginal-rights holders at the Supreme Court of Canada (“SCC”). In its decisions in R. v. Desautel, 2021 SCC 17 (“Desautel”),the SCC clarified the scope of the application of section 35 of the Constitution Act, 1982 (“Section 35”) and took a purposeful step away from colonial constraints on the definition of Aboriginal…
Read MoreRights for Rivers – Quebec River Granted Rights and Legal Personhood by Indigenous Community and Local Municipality
Introduction Earlier this year, the Magpie River in Quebec (Muteshekau-shipu in the Innu language) was granted legal personhood by the Innu Council of Ekuanitshit and the Minganie Regional County Municipality (“Minganie RCM”). The idea of granting legal personhood to environmental resources in Canada could be a valuable tool for Indigenous communities to control environmental protection…
Read More“Malicious” Employer Conduct leads to Significant Aggravated and Punitive Damages Award
Aggravated and punitive damages are reserved by the courts for exceptional circumstances. In December 2020, the BC Supreme Court found that twenty-six-year-old Carly Fobert’s experience when she was dismissed from her employment at MCRCI Medicinal Cannabis Resource Centre Inc. (“MCRCI”) was one such exceptional circumstance. Ms. Fobert’s case (full decision here) also tackles other important employment…
Read MoreThis Is The Way (for Federal Employers to Address Workplace Violence + Harassment)
For most of 2020, the new year seemed as out of reach as a galaxy far, far away. However, 2021 has finally dawned and with it the new Work Place Harassment and Violence Prevention Regulations (the “Regulations”) came into effect on January 1. In September, we provided you with a preview of these Regulations in Part…
Read MoreBC Litigation Practice Update – Lawyers to Provide Pronouns in Court
Slowly but surely, the legal profession in Canada has begun to grapple with discrimination in our profession and institutions. Individuals such as Hadiya Roderique, who published the seminal essay “Black on Bay Street” in 2017, have shone a light on how the legal profession excludes racialized, Indigenous, and diverse lawyers. The conversation has also highlighted…
Read MoreMandatory Vaccinations in the Workplace
Every day, Canadians are learning more about the regulatory approval and rollout of new COVID-19 vaccines. For many employers, this raises new questions about transitioning their workplaces back to “normal” including whether employers can require that employees get vaccinated against COVID-19. To take some of the guesswork out of your decision making, we have highlighted…
Read MoreNow In Effect: Expanded US Accredited Investor Exemption
On August 26, 2020, the U.S. Securities and Exchange Commission (“SEC”) expanded the definition of who qualifies as an Accredited Investor. Placing new emphasis on knowledge, experience, and Indigenous sovereignty, the SEC has extended participation in the private equity market to a new groups of investors. For Canadian corporations, this means a new way to…
Read MoreTime to Review Your Temporary Layoffs
On November 9, 2020, the federal minister of labour announced further amendments to the Canada Labour Standards Regulations (“Regulations“) that once again extend certain temporary layoff periods for federally regulated employees. Recognizing the continued hardship caused by COVID-19, the Government of Canada notes that these extensions provide federal workplaces greater protection by allowing employers more time…
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