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  • Image: "Pension Plan - retired couple on a stack of coins" by verchmarco is licensed under CC BY 2.0
In Fraser v. Canada (Attorney General), the Supreme Court of Canada recently held that the RCMP violated the Canadian Charter of Rights and Freedoms (the Charter) for women who job shared. This case involved indirect, or adverse effect, discrimination. This occurs...

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  • Image: "The Bait" by nist6dh is licensed under CC BY-SA 2.0
The Supreme Court of Canada, in a recent unanimous decision in Matthews v. Ocean Nutrition Canada Limited, restored an award exceeding $1 million to a constructively dismissed employee. In so doing, the Court affirmed that it remains: … resolute in asserting that...

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  • Image: "Job search" by slightly everything is licensed under CC BY 2.0
Recently, in Dubois v. Milne, the B.C. Court of Appeal considered a claim for an oppression remedy in the wrongful dismissal context. The oppression remedy is a powerful way of addressing misconduct that has harmed a “shareholder.” Section 227(2) of the Business...

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  • Image: "Never Give In !" by Neil. Moralee is licensed under CC BY-NC-ND 2.0
In 2002, the provincial government amended the Workers’ Compensation Act. The amendments made it more difficult for injured workers to receive compensation for their workplace injuries. Earlier this year, B.C.’s Workers Compensation Act was amended. Significantly, a legislative provision which had attempted...

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  • Image: "hornby st" by Beach650 is licensed under CC BY-NC 2.0
Lately, there is a dichotomy within B.C.’s justice system. As a result of concerns over COVID-19, B.C. courts have largely shut down, allowing only “urgent and essential matters” to proceed. This is a topic unto itself. Though efforts are certainly being made...

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Alberta’s government recently enacted substantial amendments to Alberta’s Employment Standards Code (ESC), through the Restoring Balance in Alberta’s Workplaces Act, 2020.   The stated purpose was to “save employers time and money.” Section 63 of the ESC now deems layoffs over 90...

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  • Image: "Unemployed" by jronaldlee is licensed under CC BY 2.0
Earlier this summer, the British Columbia government extended the Employment Standards Act (ESA) temporary layoff provisions to a maximum of 24 weeks for cases in which the COVID-19 emergency is a cause of all or part of the layoff. That...

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  • Photo: "construction zone" by granth is licensed under CC BY-SA 2.0
Demand remains high for French immersion programs in Western Canada. Despite the high demand, many parents remain disappointed with the opportunities afforded to their children.  Constitutional Status The opportunity for children of Canadian citizens to study French, whether by attending a Francophone school...

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  • Image: "Ping Pong Balls" by Peter Alfred Hess is licensed under CC BY 2.0
Alberta’s workplace legislation is starting to resemble a ping pong ball. After the NDP formed the Alberta government in 2013, it amended Alberta's workplace legislation, including Employment Standards Code and Labour Relations Code, to include  provisions consistent with those in other...

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  • Image: "Plating DNA Samples" by kqedquest is licensed under CC BY-NC 2.0
Is a Canadian employer permitted to fire an employee based on a genetic predisposition to develop a disability?  Can it defend WCB claims based on genetic predispositions? Can an employer require employees to submit to genetic testing? Can insurance companies deny...

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