Introduction Disciplinary issues and related sanctions can arise in any organization, but they can be especially challenging to navigate in relation to safe sport. The federal government has committed to addressing harassment, discrimination and abuse in sport by requiring all federally funded sport organizations to adopt the Universal Code of Conduct to Prevent and Address…
Practice Area: Human Rights
More on the Interplay Between CLC Paid Leaves and Collective Agreement Entitlements
In Teamsters Local Union 987 of Alberta v Purolator Inc., Arbitrator Robertson considered the interplay between the entitlement to five days of paid personal leave found in two collective agreements and the entitlement under the Canada Labour Code (CLC) to 10 days of paid medical leave (CLC Medical Leave) and five days of personal leave,…
Divisional Court Confirms Concurrent Jurisdiction Model Applies to Human Rights Disputes in Unionized Workplaces
The Divisional Court has confirmed that Ontario labour arbitrators share concurrent jurisdiction with the Human Rights Tribunal of Ontario (Tribunal) over human rights disputes that arise in a unionized workplace. As reported in our FTR Now of October 6, 2022, in Weilgosh v. London District Catholic School Board, the Tribunal determined it shared jurisdiction with…
Key Legal Issues on “Safe Sport” in Canada: Latest Developments on Policy and the Law
Executive Summary Creating and protecting a respectful sport culture is an important priority for governments and public policy-makers in Canada and, increasingly, it is an important legal issue for employers and organizations in the sector as well. A review of any number of recent news articles makes this point clear. This year, the federal government…
Nouveau projet de loi fédéral sur les préjudices en ligne: répercussions possibles pour les employeurs fédéraux
Le gouvernement fédéral a déposé le projet de loi C-63, la Loi sur les préjudices en ligne (projet de loi 63), le 26 février 2024. Le projet de loi C-63 vise à réduire les préjudices en ligne, en particulier pour les enfants, en ciblant la propagation de contenu haineux sur les médias sociaux. Si la loi…
New Federal Online Harms Bill: Possible Implications for Federal Employers
The federal government tabled Bill C-63, the Online Harms Act (Bill C-63) on February 26, 2024. Bill C-63 aims to curb online harms, especially to children, by targeting the spread of harmful content on social media. If passed, key features would include the establishment of the Digital Safety Commission of Canada, the introduction of an…
Human Rights Tribunal of Ontario Awards Applicant $180,000 as Compensation for Injury to Dignity, Feelings and Self-Respect
In the recent decision of L.N. v. Ray Daniel Salon & Spa, the Human Rights Tribunal of Ontario (Tribunal) awarded an applicant $180,000 in damages for injury to dignity, feelings and self-respect. In this case, the applicant was a recently arrived refugee to Canada. She had not yet received her work permit when she started…
Federal Government Launches Employment Equity Tool on Workforce Data
On February 2, 2024, the federal government launched a new website, Equi’Vision. It is an employment equity tool which the government states provides “user-friendly, easily comparable data on workforce representation rates and the pay gaps” experienced by women, Indigenous peoples, persons with disabilities, and members of visible minorities. These groups are the designated groups under…
Ontario Human Rights Commission Issues Policy Position on Caste-Based Discrimination
The Ontario Human Rights Commission (Commission) recently released a policy position addressing the issue of caste-based discrimination and confirming the Commission’s perspectives concerning caste-based discrimination as a form of intersectional discrimination contrary to the Ontario Human Rights Code (Code). In its Policy Position on Caste-Based Discrimination (Policy Position), the Commission provides its views on whether…
Looking Ahead to 2024: A Newsletter for Social Services Employers
Dear Friends, As we welcome 2024, we are back with another edition of Reaching Out. Over the last year, we have seen our social services clients continue to deal with budget challenges and labour shortages. Many are providing permanent and/or hybrid remote work arrangements, where possible, to attract and retain employees. Accordingly, we provide a…