An article by Hicks Morley’s Michael Hines was published in the September edition of International Employment Lawyer Newsletter. In the article entitled, “Canada – Freedom of Association under the Charter: Snake or Tree?“, Michael discusses recent contradictory judicial decisions concerning the “right to strike” asserted under section 2(d) of the Charter as interpreted by the…
Tag: Canadian Charter of Rights and Freedoms
The Reasonable Expectation of Privacy: Where Does it End?
Privacy is an expanding area of law, and it has particular impact on employers. In a recent decision outside of the employment context – R v. Ward – the Court of Appeal for Ontario speaks to the scope of an individual’s reasonable expectation of privacy. The decision in Ward highlights two points of importance to…
Federal Wage Restraint Legislation Does Not Infringe Section 2(d) of Charter
Underscoring once again that section 2(d) of the Canadian Charter of Rights and Freedoms (“Charter”) only guarantees a meaningful process of collective bargaining and not a particular result, the Ontario Court of Appeal recently found that wage restraint legislation effectively prohibiting salary increases over a five-year period was not, in and of itself, unconstitutional. Association…
2012 Summer Edition
FOCUS ON RIGHTS Charter rights – three decades later LEGAL DEVELOPMENTS Freedom of association under the : snake or tree? Pensions poised to take a leading role in employee terminations PROFILE The spice of life Download PDF
Court of Appeal Affirms Non-Construction Employer Declaration does not Infringe the Charter
On May 8, 2012, the Ontario Court of Appeal found that the “non-construction employer” declaration in section 127.2 of the Ontario Labour Relations Act, 1995 (“LRA“) is constitutional. The Court of Appeal upheld the Divisional Court’s February 2011 ruling, finding that section 127.2 does not contravene the freedom of association guarantee found in section 2(d)…
Ten Questions and Answers about Computer Use Policies
It’s January 2012. Last year the Court of Appeal for Ontario recognized that an employee had a reasonable expectation of privacy that arose out of his personal use of a work computer. As discussed in a companion FTR Now called How the New Privacy Tort Will Affect Employers, this month the Court of Appeal recognized…
How the New Privacy Tort Will Affect Employers
On January 18th, 2012, the Court of Appeal for Ontario in Jones v. Tsige recognized a new “intrusion upon seclusion” civil cause of action. In this FTR Now, we describe the new cause of action (or “tort”) and identify its significance to employers. THE INTRUSION UPON SECLUSION TORT Under Ontario law it is now clear…
2011 Summer Issue
FOCUS ON THE FEDERAL SECTOR Federal expertise LEGAL DEVELOPMENTS Pension reform – HR opportunities and challenges The ongoing evolution of privacy rights PROFILE Continuing education Download PDF
The Fraser Decision: The Supreme Court of Canada Revisits Scope of Charter-Protected Collective Bargaining Rights
On April 29, 2011, the Supreme Court of Canada issued its long-awaited judgement in the case of Ontario (Attorney General) v. Fraser, 2011 SCC 20 (“Fraser“). In a decision that has surprised many, the Court found, by an 8-1 margin, that the Agricultural Employees’ Protection Act, 2002 (“AEPA“) is constitutional. Moreover, while the majority of…
Non-Construction Employer Declaration Provision in LRA Constitutional
On February 18, 2011, the Ontario Divisional Court held that the “non-construction employer” declaration provision in section 127.2 of the Ontario Labour Relations Act, 1995 (LRA) is constitutional and does not contravene the freedom of association guarantee found in section 2(d) of the Canadian Charter of Rights and Freedoms (Charter). As a result, the Court…