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… Read more »
+ Read More“The Code does not protect people who refuse to wear a mask as a matter of personal preference, because they believe wearing a mask is “pointless”, or because they disagree that wearing masks helps to protect the public during the pandemic”[1], which the BC Human Rights Tribunal (“BCHRT”) has firmly stated in two recent screening… Read more »
+ Read MoreApril 29, 2021 update: On April 27, 2021, this amendment officially passed into law. BC workers are now entitled to this paid vaccination leave retroactive to April 19, 2021. On April 19, 2021, the BC Government announced its intention to amend the Employment Standards Act to provide workers with up to three hours of paid… Read more »
+ Read MoreIntroduction 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 »
+ Read MoreAggravated 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 more »
+ Read MoreBlog Series – Update on the Organizing Principle of Good Faith Part 2 – Self-Interested Exercise of Contractual Discretion: SCC Issues New Decision on the Duty to Exercise Discretion in Good Faith Wastech Overview On February 5, 2021, the SCC issued its decision in Wastech on the duty to exercise contractual discretion in good faith. … Read more »
+ Read MoreBlog Series – Update on the Organizing Principle of Good Faith Part 1 – Unfettered (but Honest) Termination of Contracts: SCC Issues New Decision on the Duty of Honesty in Contractual Performance Series Overview In recent months, the Supreme Court of Canada (“SCC”) has released two decisions which have provided guidance on the organizing principle… Read more »
+ Read MoreOn January 28, the BC Human Rights Tribunal (“BCHRT”) issued a landmark decision granting the largest award for injury to dignity in BC’s history. The complainant, Levan Francis, was a former corrections officer for the Province who experienced discrimination based on his race and colour during his employment. This discrimination caused Mr. Francis’ mental and… Read more »
+ Read MoreFor 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… Read more »
+ Read MoreSlowly 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 more »
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