Today, the Supreme Court of Canada rendered a significant decision in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401. The unanimous Court held that the Alberta Personal Information Protection Act (“PIPA”) infringes a union’s right of expression under section 2(b) of the Canadian Charter of Rights and Freedoms (“Charter“). In…
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Mandatory OHSA Safety Awareness Training for Workers, Supervisors
On November 14, 2013, the Ontario government filed O. Reg. 297/13 (Occupational Health and Safety Awareness Training) under the Occupational Health and Safety Act, providing for mandatory occupational health and safety training for workers and supervisors, subject to certain exemptions. The regulation revokes O. Reg. 780/94 (Training Programs). Section 5 of the regulation (Certification Training),…
Calf-Roping Fatality Case Ends in $275,000 Fine
The Alberta Court of Queen’s Bench has rendered a fine of $275,000 (including victim surcharge) against XI Technologies (“XI”) for its failure to ensure the safety of an employee who was fatally struck and injured while operating a faulty calf-roping machine which had been rented by the employer for use at a client event. This…
Privacy Rights and A Union’s Duty to Represent its Membership
Last week, a case that has significant labour relations and privacy implications was argued before the Supreme Court of Canada. At issue in Bernard v. Canada (Attorney General) is the appropriate balance between an individual’s privacy rights and a union’s right, and duty, to represent its membership. In other words, what employee personal information is…
2013 Fall Edition
FOCUS ON LONDON Hicks Morley in London: 20 years and counting LEGAL DEVELOPMENTS Update on universal random drug and alcohol testing in Canada Best practices on termination PROFILE London office original Download PDF
Reaching Out – Fourth Edition
Dear Friends, It is that time of year again, and after a summer hiatus and a relatively warm fall there is no doubt the air now feels a little crisper and autumn is in full swing. This weekend we gain an extra hour (theoretically at least) as the clocks fall back and it is our…
Supreme Court of Canada To Hear “Right to Strike” Case
In a case that will be eagerly anticipated by the labour relations community, the Supreme Court of Canada has granted leave to appeal from a decision of the Saskatchewan Court of Appeal which found that the “right to strike” is not constitutionally protected. Courts have been grappling with the extent of the constitutional protection for…
Hicks Morley Cited in Canadian Civil Liberties Association Rights Watch Blog
Hicks Morley’s FTR Now entitled “No Charter-Protected Right to Strike Says Saskatchewan Court of Appeal” was cited in the October 17, 2013 edition of Canadian Civil Liberties Association Rights Watch blog in an article entitled “Supreme Court of Canada to Decide on the Right to Strike“. Hicks Morley’s Paul Broad authored this FTR Now, which…
Supreme Court of Canada to Determine Whether Charter Protects Right to Strike
The Supreme Court of Canada will decide whether the Canadian Charter of Rights and Freedoms (the “Charter”) guarantees the right to strike for unions and their members. Earlier this year, the Saskatchewan Court of Appeal found that the Charter does not protect the right to strike. A substantial component of the Court of Appeal’s decision…
Ontario Court of Appeal Increases Fine to $750,000 for Christmas Eve Fatalities
In a recent decision (R. v. Metron Construction Corporation, 2013 ONCA 541), the Ontario Court of Appeal overturned the fine imposed by the Ontario Court of Justice in respect of four fatalities, and imposed a fine almost four times greater. As previously reported (August 20, 2012 FTR Now – “Court Imposes Criminal Code Fines For…