INTRODUCTION
Webber Academy (or athe schoola), a private educational institution in Alberta, defined itself as non-denominational: it did not engage in any overt religious practice (with one possible and qualified exception). Yet, after two Alberta Human Rights Commission (AHRC) decisions, two Queenas Bench (as it then was) (QB) judgements, two Court of Appeal (CA) rulings and two denial of leaves to appeal by the Supreme Court of Canada (SCC), it was held to have discriminated without justification against two Muslim students whom it prohibited from engaging, on school property, in overt prayers. How did this happen? And what does it . . . [more]
The post The Lack of Protection for Non-Denominational Identity: The Webber Academy Case appeared first on Slaw.
Written by Daniel Standing, LL.B., Content Editor, First Reference Inc.
The Supreme Court of British Columbia rendered a decision (2024 BCSC 55 (CanLII)) on judicial review which looked at the employerâs choice to implement a COVID-19 vaccination policy, and whether, under the Labour Relations Code, it was obligated to enter into discussions with the union first. The case provides employers with insight into the difficulty of overturning a tribunalâs decision.
Background
The workplace was a provincially run rapid transit company. The Court considered a unionâs petition for judicial review of a decision by the British Columbia Labour . . . [more]
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While weare all aware that there are substantive differences between Canadian law and the law of other jurisdictions, itas much easier to forget that the practice of law varies just as much from nation to nation. Thereas more than one way to do almost anything, and the Canadian legal system is founded on a very specific set of choices, norms, and traditions.
Upon arriving in Canada from her native Australia, and despite her . . . [more]
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The Facts
The Calgary City Police were investigating fraud in online liquor sales and came across a payment processor who processed the suspect transactions. . . . [more]
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PANAL (DROIT) : Dans le cadre de lâaffaire du meurtre de Guylaine Potvin, le tribunal dA(c)clare recevable le tA(c)moignage dâune biologiste judiciaire A titre de tA(c)moin expert concernant lâutilisation du nouvel outil dâenquAate dA(c)signA(c) comme le A<
IntitulA(c) :A R. c. Grenon, 2024 QCCS 551
Juridiction . . . [more]
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Written by Christina Catenacci, BA, LLB, LLM, PhD, Content Editor, First Reference Inc.
In January 2024, a British Columbia labour arbitrator had no hesitation concluding that an employee, who was the grievor accusing a female colleague of sexual harassment in this case, was actually the one who was sexually harassing the female colleague. Simply put, the arbitrator found that the grievorâs evidence was not credible, the female colleagueâs account was credible and consistent with the evidence, and the female colleague did not do what the employee accused her of. As a result, the labour arbitrator agreed with the employer that . . . [more]
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Afsana Gibson-Chowdhury is the founder of Gibson Chowdhury, Clear Collaborative Mediation and a renowned advocate for equity, diversity and inclusion among legal, dispute resolution and . . . [more]
The post The Court of Owlsa| and Other Things That Mean Different Things to Different People appeared first on Slaw.
Last week, I was asked to provide a peer-review of an article submission to a law journal.
After reviewing it thoroughly, I began to suspect that at least some of the content may have been AI-generated.
What Gives?
First off, there were at least two citations that led to dead ends. By now we all know this is a dead give away.
Second, there was little to no language linking paragraphs together. So there might have been two or three paragraphs written on a distinctive topic, but no language to alert the reader that a new topic was about to . . . [more]
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This week the randomly selected blogs are 1.A PierreRoy & AssociA(c)s 2. IFLS at Osgoode 3. Employment & Human Rights Law in Canada 4. Barry Sookmant 5. Meurrens on Immigration
PierreRoy & AssociA(c)s
ResponsabilitA(c)s daadministrateurs daentreprise : ce que vous devez savoir
Si vous Aates laadministrateur daune entreprise aux prises avec des difficultA(c)s financiA"res, vous . . . [more]
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PANAL (DROIT) : Dans une affaire de violence conjugale et postconjugale, la juge de premiA"re instance a commis 2A erreurs de principe en omettant dâA(c)valuer correctement le risque que lâimposition dâune peine avec sursis A lâaccusA(c) poserait pour la collectivitA(c); une peine dâemprisonnement de 6A mois est substituA(c)e aux 10A . . . [more]
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On April 4, 2024, the Alberta Court of Appeal released its decision in Altius Royalty Corporation v Alberta, 2024 ABCA 105 (CanLII).
The appellants own a royalty interest in a coal mine. In 2014 they acquired royalty interests in the Genesee coal mine. This coal fuels the Genesee power plant in Alberta.
By 2012 federal performance standards, the end of life of the three coal-fired plants was determined to be 2039, 2044 and 2055 (para 3).
They claim their interest was constructively expropriated (paras 2 and 5) when the government of Canada amended the regulations to require the . . . [more]
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Current postings on Slaw Jobs:
. . . [more]
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It started as soon as I began my law career as an articling student. A lawyer gave me a task on Friday due Monday, meaning I would lose my weekend. I felt a little bit of pride a who, little old me, tasked with something so important? But I soon learned what is urgent is rarely important, and important rarely urgent. Having âuncovered every rockâ and discovered nothing further, I watched my research memo fall into the abyss of make-work legal projects, more for show and profit, productivity measured more in money than in legal progress. I think I gained . . . [more]
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Written by Daniel Standing, LL.B., Content Editor, First Reference Inc.
The interim decision of Caroline Sand, Member of the Human Rights Tribunal of Ontario in 2024 HRTO 233 (CanLII) shows what can happen when a party is invited to participate but decides not to. As it turns out, the technique of putting oneâs head in the sand works for ostriches but not for employers who seek to avoid liability for human rights complaints.
Background
The matter arose out of a sex-based human rights complaint by an employee against her former employer, a social club. The employer had numerous opportunities to . . . [more]
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Suing for Silence : Sexual Violence and Defamation Law
Author: Mandi Gray
Publication Date: March 1, 2024
ISBN: 9780774869171
Page count: 180 pages; 6 x 9
Excerpt: Introduction
In summer 2017, I received a Facebook message from Lynn, a Canadian tattoo artist in her late twenties. Women from all . . . [more]
The post Thursday Thinkpiece: Suing for Silence : Sexual Violence and Defamation Law appeared first on Slaw.
For this past month, the three most-consulted English-language decisions were:
[81] Assessments of credibility and reliability can be the most important judicial determinations in a criminal trial. They are certainly among the most difficult. This is especially so in sexual assault cases, which often involve acts that . . . [more]
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What was the . . . [more]
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