Important Employment Law Cases In Canada And Canadian Legal System

Identify the internet address where you can find the following sites and a short summary of what is contained in that site.

• Supreme Court of Canada
• C. Court of Appeal, B.C. Supreme Court and B.C. Provincial Court
• C. Human Rights Tribunal
• Canadian Legal Information website (CanLII)
• 6 blog sites relevant to employment law in Canada (make sure you include at least one blog that deals with Privacy issues, one blog that deals with Workers compensation and two blogs that deal with Human Rights issue

Part B 

You must provide links to at least ten important employment law cases.  Under each link, you must provide a short summary of the importance of the case (what is the key law which was determined in the case that makes it important to the employment relationship).

Write two memos on controversial topics relevant to the course.  The essay should be no longer than two pages for each topic.  It must identify the topic, outline the arguments on both sides and provide your conclusion.   

Overview of the Canadian Justice System

1. Supreme Court of Canada

https://www.scc-csc.ca/court-cour/sys-eng.aspx

The hierarchy of the Canadian Justice System is a functional derivative of the Canadian Constitution, that is, the Constitution Act, 1867. The judicial system of Canada is divided into the Federal Government and also the ten provincial governments in Canada. The courts follow civil as well as criminal jurisdiction, where the courts deal with constitution, the organization and the maintenance of the justice delivery system. The courts in Canada are the provincial courts and the general courts where the Provincial courts of appeal have the general jurisdiction to deal with appeals. The jurisdiction is a four tier structure where the Supreme Court is at the apex and it is also the Court of Appeal which is headed by the provincial court. The number of courts in Canada is 750 in umber.

1. https://www.provincialcourt.bc.ca/complaints-and-appeals/appeals

In the Canadian system of justice system, the Chief Judge who is presiding over the Provincial Court will not have any power to review the decision that has been passed by the judge of any other court, therefore he does not have the power to make any complaints which has been passed by judge of any court. The way to correct any judgment is to file an appeal or file for judicial review. The appeals of small claims are heard by the BC Supreme Court as these are the matters under the Criminal Code. The BC Supreme Court has the jurisdiction to hear matters of summary conviction. The judicial review is heard under the provisions of the Judicial Review Procedure Act and they are read together with the Supreme Court Rules. The Supreme Court has the jurisdiction to deal with judicial review.

https://www.adminlawbc.ca/tribunals/citizenship-rights-law-enforcement/bc-human-rights-tribunal

The British Columbian Human Rights Code creates the BC Human Rights Tribunal which is an independent body that looks at the human rights concern that is a pertinent issue that needs to be legislatively looked into. The role of the tribunal is limited to human rights only and it cannot deal with any other form of discrimination. The Tribunal shall only deal with discrimination pertaining to human rights. The Code checks all the information related to human rights and screens them to ensure the complaints that fall under the Code of Human Rights. The timeframe that is allowed under the Code is set at 6 months and the complaints need to be filed within the timeframe of 6 months. The Tribunal does not charge money for resolving conflicts and the tribunal gives a free service. The Tribunal solves the problems related to discrimination by the process of mediation and once the tribunal accepts any complaint, it has to offer a solution for the same. The Tribunal accepts the case and then offers a solution and of the Tribunal does not accept the case or dismisses the complaint, it is within the power of the Tribunal to do so. The Tribunal has to give proper justifications citing proper justification for the rejection in a written submission. The Tribunal has to also take into consideration the future prospects of the complaint and whether it is tenable to be heard in the court and if the Tribunal is justified that the complaint will not succeed at a hearing, it has the power to reject the complaint. More often than not, these complaints do not have to be taken to court for hearing and they are resolved by the Tribunal. In such cases, the Tribunal settles the matter. In cases when the complaint goes for hearing, the Tribunal shall offer a remedy and if the complaint is not justified, it shall dismiss the complaint.  The Tribunal is presided over by the Lieutenant Governor in Council and the members who look into the complaints are professionals and experts in the field of human rights law.

BC Human Rights Tribunal

https://www.canlii.org/

The Canadian Legal Information Institute is formed by the Federation of Law Societies of Canada and it is organized by them. It is a non-profit organization and the Federation of Law Societies has formed this new organization on behalf of the members, which are 14 in number. This organization works towards giving access to free law movement and the CanLII is a member of the Movement called Free Access to Law Movement. They are involved in ensuring that there is free access to legal publication throughout the globe. They are used for imparting free and open publication. Legal database and cases are at the disposal of people who want free access to legal documents. The general public, along with legal professionals as well as the lawyers have an access to the legal database. The database has a huge collection of case studies, summaries, so on and so forth.

https://blog.privacylawyer.ca/2018/04/atlseccon-presentation-canadas-new-data.html

The blogs talks about the Canadian data breach regime which shall be effected in the year 2018 in the month of November. The blogs mentions in details regarding the harm that is accrued and how that harm can be assessed. In Canada there is a system in place for effectuating privacy laws and the Federal Statue works as the Ombudsman looking after the Privacy Laws. The Privacy Laws also deal with torts and damages can be claimed in cases of breach. The blogs also deals with the “Snooping Case” where the US privacy torts were included in the Canada law. The blogs also mention the “intrusion upon seclusion” method which talks about the inclusion of privacy against the seclusion of others. In cases of intrusion, damages can be claimed when it is seen that the inclusion has been reckless.

https://workerscompperspectives.blogspot.com/

The workplace is filled with hazards and there are many hazards to a person working in a workplace which might harm the workers. There are chances of illness and disease arising out any injury. It is necessary for any workplace to ensure that the risks are mitigated and that the people working are made aware of the risks that accrue out of any work. The blog states the workers should be made aware of the harms that are present in the workplace and if the worker can assess the risks, they will be in a better situation to deal with them.

https://pearleliadis.wordpress.com/2017/09/01/flexible-work-hours-rights-wrongs-and-history/

The blog explores the concept of flexible working hours and how can the company help the employers in battling the problem of overwork. Overworking in a company has a bad impact on health and it is important to make sure that elderly patients or children are made to suffer because of the working hours of the employers. It is the duty of the company to make sure that there are legislations in place to help accommodate human rights law. There is a strong need for human rights law that are important for flexible working hours.

Canadian Legal Information Institute

https://pearleliadis.wordpress.com/2015/10/17/respect-women-a-public-statement-about-women-the-niqab-and-liberty-in-canada/

This blog talks about the rights of women and the importance of respecting women.  The blog explores the concept of declaration of rights of women in public the emphasis is more on niqab, the rights of women and liberty that they face in Canada. The women are united in their fight for justice and equality and they have fought against the injustice that is meted to them in terms of their differences in political views and their culture. The blog is about the essentiality of democratic rights that are inalienable to women and that they should not be discriminated.

https://pearleliadis.wordpress.com/2015/02/16/euthanasia-suicide-or-just-death-the-new-rules-in-canada-oxhrh-humanrights-cdnpoli-healthcare/ 

The blog analyses the judgment of Carter v carter which dealt with the concept of physician assisted suicide. Euthanasia is the taking away of life of a person who is suffering and physician assisted suicide is for the purpose of ending the life of a patient who is in pain and cannot continue a healthy life. The blog talks in details about the pros and cons of physician assisted suicide.

https://pearleliadis.wordpress.com/2014/04/25/silencing-dissent-in-canada-voices_voix-video-project-canpoli-cindyblackstock/ 

The blog details the importance of the rights of the aboriginals and how the child rights activists need to state the importance of systematic legislation that will uphold their rights. The topic starts off with the essentiality of the rights of the aboriginals and how the Government shall be held accountable for the loss of rights that the aboriginals are facing at the hands of the executives.

1. Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10

The Case dealt with employment laws and held that the applicant Mr. Potter was dismissed constructively and that the Commission had not acted in good faith and the business was unreasonably withheld from the applicant.

2. Styles v. Alberta Investment Management Company, 2015 ABQB 621

The Court held that the defendant company, that is, LTIP had not acted in good faith and had terminated the applicant without nay proper justification. The Court relied on its judgment of Bhasin v Hrynew and held that any discretion that lies with the company with relation to employment contractual obligations and therefor ethe company should have the responsibility to act fairly.

3. P.T. v. Presteve Foods, 2015 HRTO 675

The Court decided that the Human Rights Code ensures that there shall be no violation of human rights and that the complainant’s complaint of violation of human rights was upheld by the Court wherein it was held that there was indeed a violation and therefore an amount of $200,000 was awarded.

4. Commission de la santé et de la sécurité au travail v. Caron, 2015 QCCA 1048

The decision of the administrative tribunal was overturned both by Superior Court of Quebec and the Quebec Court of Appeal and the Court questioned the autonomous process that deals with accommodation. The court decided that the quasi-constitutional rights that are related to accommodation in a workplace are prescribed by the Charter and these are beyond employment contracts and also related to collective agreements.

5. Evans v. Avalon Ford Sales (1996) Limited, 2015 NLSCTD 100

Canadian Data Breach Regime

This case dealt with the time period that should be given to an employee when he resigns which is termed as the “cooling period”. This period shall be given to an employee so that he gets enough time to reconsider his resignation and when the employee still does not want to withdraw his resignation then there shall be a constructive dismissal. Applying this rule to the case, the court held that there was a breach of duty to act in good faith and therefore the resultant dismissal of the applicant was because of his breach of contractual obligations.

6. Michela v. St. Thomas of Villanova Catholic School, 2015 ONCA 801

The employer’s financial conditions in considering the notice entitlements of the employment after the termination should not be given consideration. Keeping in mind the fact that the financial condition of the employer is not important, the court awarded a compensation of $ 68,573.42.

7. R v Kazenelson, 2015 ONSC 3639

The Court gave importance to the role of the supervisors and held that they should be held liable in cases of negligence that arise out if any bodily harm or death. Relying on the Criminal Code the Court held that Mr. Kazenelson was convicted for death and medical negligence. As a result if the medical negligence, the Court sentenced him to three and a half years of imprisonment.

8. Baroch v. Canada Cartage Diversified GP Inc., 2015 ONSC 40

The Court dealt with the issues pertaining to good faith, honesty and matters related to aggregate and punitive damages. The Ontario Divisional Court did not grant any leave to appeal and all the remedies and agreements that were related to Canada Cartage were not approved.

9. Silvera v. Olympia Jewellery Corp., 2015 ONSC 3760

The case dealt with the issue of sexual assault along with battery and the violation of basic human rights under the Human Rights Code. The court awarded damages of $15,000 as per the Ontario Family Law Act for the purpose of ensuring basic rights. The case related to guidance and companionship.

10. Keenan v. Canac Kitchens Ltd.,2015 ONSC 1055

A dependent contractor shall be entitled to pay after termination. The case dealt with the issue of wrongful dismissal and the applicant was seeking a pay in relation to notice pertinent to termination. The Court held the applicant as dependent contractors and held that as a result of their virtue of being dependent contractors, they are entitled to payment after the termination.

Rights of transgender people

To:

Date:

Subject: Rights of transgender people in Canada

Respected Sir/Madam,

One of the most controversial topics related to human rights in Canada is the right of gender identity and zero tolerance to discrimination. One of the most important traits of the Human Rights Law in Canada is the feature of treating everyone equally without any ground of discrimination. Therefore, the recent development that the human rights law in Canada faced was related to gender expression and it was a discrimination that the Canadians have faced and have complained for the longest time in history. Therefore, the concept of diversity that was seen as a contributing factor to gender equality was the incorporation of legal rights and duties that are enclosed with a particular gender type. By allowing every gender to have equal rights is seen as a concept of diversifying rights so that everyone gets access to basic education and amenities that every other person gets. Transgender should not be differentiated and cornered because they are not similar to the others and by incorporating them and their rights, the law will diversify and will also become non-conforming. Therefore sticking to a particular gender type shall be hailed as a method to make sure that all rights are given to everyone along with the transgender. The latest development to the incorporation of human rights for transgender is Alberta where there no discrimination and the rights of the individuals in relation to employment and education are given due recognition. The people belonging to the community of transgender are treated differently and they face problems related to accommodation which can be worked upon if the laws related to discrimination are made stronger. The anti-discrimination laws in Alberta received assent after the Bill &, Alberta Human Rights Amendment Act was viewed as legally viable. Though the terms “gender identity” as well as “gender expression” are used alongside the concept of human rights, the definition and the importance of the two terms have significantly deluded and they are not getting enough recognition. The point of contention in relation to the recognition of human rights is the fact that gender identity is not viewed as a pertinent concept of human rights and they do not receive the definition that they deserve for them to be termed legislatively sound. The Bill C-16 should amend the Criminal Code to become more inclusive of the terms of gender expression and that will help in gauging the crime dimension in a particular jurisdiction. The Ontario Human Rights Tribunal in the year 2012 held that there was no need to undergo a genital surgery for them to be recognized as the other gender and therefore it is essential to recognize other laws. The laws in the Canadian province have held that any person who has seemingly underdone a surgery or who has altered their gender identity from what they were born with, they shall be treated as equal and hence they should h=fall under the bracket of the non-discrimination rubric. The laws should be inclusive of the gender and therefore there should be no discrimination of grounds of sexual assault. The best way to understand the issue of human rights is to ensure that cases of sexual harassment or assault should not depend on the gender of the person, that is, whether that person was a male or a female, but it should depend on the gravity of the crime and whether it should be penalized or not. The laws in Canada have specifically withheld themselves from terming any crime solely based on the concept of gender identity. Some jurisdictions in Canada provide protection to trans people, specifically in the territories of Manitoba or the Northwest Territories. It has been viewed as a matter of human rights and dignity that everyone should be treated equally and that there shall be no discrimination based on the gender of the person.

2. Women and employment laws in Canada

Flexible Work Hours and Human Rights Law

To:

Date:

Subject: Women and employment laws in Canada

Respected Sir/Madam,

It is pertinent to point that women face various kinds of discrimination at workplace and gender has a big role to play in these circumstances. There is a large number of women trying to make their presence felt in workplaces and they are putting in as much as effort as the men in the profession. Though the number of women has changed who have entered the professional world, the problems they used to face have increased and there is no scene of their problems decreasing. Women are burdened with huge problems of being true to the office they are working in and the responsibilities of taking care of their families. Even though women put in as much effort as the men in the same professional world, women are under paid and they do not get the same salary as the men counterpart. The problem in the pay scale discrimination has been plaguing the society for a very long time an there needs to be strict laws against them. The gender inequality has been going in workplaces and women have been facing discrimination regarding the wage they receive. The gender disparity can be vest explained with the help of statistics which clearly show that there has been a steep rise in the number of women working to sustain a good life and there has been an increase in women changing their jobs because of the unsatisfied behavior they get and the discrimination they face. The inception of discrimination can be attributed to the society and the culture that constantly states that men are better than women and that women should not be allowed to work. Keeping aside the problem of gender discrimination, women are also subject to sexual harassment at workplace and the laws are not stringent enough to act as deterrent. Rights of women have always been a subject of discussion and when there is discrimination based on gender, race, and status-the onus is the state to prove that they are taking steps to make sure that there is no room for indifferent treatment. The Canadian Charter of Rights and Freedoms has given protection to women to deal with discrimination and the Canadian Human Rights Act are the legislative actions that are taken by the state in the better interest of the people. Under section 15 of the Act, there is a need for equal protection and under section 28, the [provisions of the Charter apply equally to men and women.

References

Arthurs, H. W. (2018). The hollowing out of corporate Canada?. In Globalizing Institutions (pp. 29-51). Routledge.

Baroch v. Canada Cartage Diversified GP Inc., 2015 ONSC 40

Bennett, C. J., & Raab, C. D. (2017). The governance of privacy: Policy instruments in global perspective. Routledge.

Commission de la santé et de la sécurité au travail v. Caron, 2015 QCCA 1048

 Evans v. Avalon Ford Sales (1996) Limited, 2015 NLSCTD 100

Hollis, L. P. (2017). Workplace Bullying in the United States and Canada: Organizational Accountability Required in Higher Education. Comparative Civilizations Review, 76(76), 13.

Keenan v. Canac Kitchens Ltd., 2015 ONSC 1055

Kitch, E. W. (2017). The law and economics of rights in valuable information. In Who Owns Knowledge? (pp. 35-76). Routledge.

Michela v. St. Thomas of Villanova Catholic School, 2015 ONCA 801

O.P.T. v. Presteve Foods, 2015 HRTO 675

Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10

Powers, H. (2017). BULLIES AMONG US: Dealing with Workplace Violence in Health Care. Canadian Journal of Medical Laboratory Science, 79(4), 21-24.

R v Kazenelson, 2015 ONSC 3639

Silvera v. Olympia Jewellery Corp., 2015 ONSC 3760

Styles v. Alberta Investment Management Company, 2015 ABQB 621