Employers Not Obligated To Accommodate Personal Choices – Including Breastfeeding

The Federal Court of Appeal has upheld the Public Service Labour Relations and Employment Board's (the "Board") decision that refusing an employee's request to telework fulltime so that she could continue to breastfeed her child was not discriminatory. Read More...

Supreme Court rules ISP's can recover reasonable costs of Norwich order compliance.

"The Respondents are film production companies that allege that their copyrights have been infringed online by unidentified Internet subscribers who have shared their films using peer to peer file sharing networks. They sued one such unknown person and brought a motion for a Norwich order to compel his Internet service provider (“ISP”), Rogers, to disclose his contact and personal information. The respondents sought that the disclosure order be made without fees or disbursements payable to Rogers, relying on ss. 41.25 and 41.26 of the Copyright Act . These provisions, referred to as the “notice and notice” regime, require that an ISP, upon receiving notice from a copyright owner that a person at a certain IP address has infringed the owner’s copyright, forward that notice of claimed infringement to the person to whom the IP address was assigned. They also prohibit ISP's from charging a fee for complying with their obligations under the regime. The motion judge granted the Norwich order and allowed Rogers to recover the costs of all steps that were necessary to comply with it. He found that while the statutory notice and notice regime regulates the process by which notice of claimed copyright infringement is provided to an ISP and an Internet subscriber, as well as the retention of records relating to that notice, it does not regulate an ISP’s disclosure of a subscriber’s identity to a copyright owner. The Federal Court of Appeal agreed with the motion judge that the statutory notice and notice regime does not regulate the disclosure of a person’s identity from an ISP’s records, but it confined Rogers’ recovery to the costs of complying with the Norwich order that did not overlap with the steps that formed part of Rogers’ implicit obligations under the statutory regime. Rogers appealed."

The S.C.C. (9:0)
allowed the appeal and remitted to the motion judge to determine the quantum of Rogers’ entitlement to its reasonable costs of compliance with the Norwich order. Read More...

Turn Your Excuses Into Action: The “Do What You Can” Guide from the Blind, Teenage Leader of the French Resistance

The following is a reprint of an article by Brett and Kate McKay that appears in the Art of Manliness web site.

A lot of people live in perpetual dissatisfaction with the state of the world.

They feel that virtues like integrity and courage are in short supply, that politics is an embarrassing circus, and that society is getting worse rather than better. And they feel powerless to do anything about it.

They say they’re too young or busy to accomplish anything important, or that they don’t have any gifts or talents to contribute, or that nothing they could do would make a difference anyway.

One man, a boy really, is uniquely suited to squash the ultimately empty excuses we all give for not taking action: Jacques Lusseyran, a little known hero of the French Resistance movement during World War II.

At the age of eight, Lusseyran lost his sight when he fell into the corner of a teacher’s desk at school, and one of the arms of his eyeglasses tore into his right eye. His left eye then suffered from “sympathetic inflammation,” and both were left completely blind.

In a time when the blind were often sidelined from mainstream society and sent to special schools, Jacques never wanted to be an exception or get treated with kid gloves; he went back to his old school, made many friends, rose to the top of the class, and joined with the other boys in their rough and tumble play.

Then in 1941, when he was just sixteen years old, Lusseyran created Volontaires de la Liberté — the Volunteers of Liberty — and recruited 600 of his peers into the French Resistance movement. With the Germans occupying the city of Paris where he lived, and censoring the news coming into France, he and his compatriots began publishing and distributing a bi-weekly underground news bulletin. The Volunteers of Liberty then joined with another, larger Resistance group, Défense de la France (Defense of France). Jacques served on the organization’s Executive Committee and editorial board, and used the little army of young men he had built up to distribute the DF’s own newspaper and grow its circulation to a quarter of a million.

Even when he was eventually arrested and held at the Buchenwald concentration camp, Lusseyran continued to resist the Germans and aid his fellow men — starting yet another covert news organization in order to build morale and encourage the hopes of his fellow prisoners.

Jacques Lusseyran perfectly embodied the maxim of Theodore Roosevelt to “Do what you can, with what you have, where you are.” At every turn, he could have made perfectly sensible excuses for sitting on his hands and doing nothing: “I’m blind! I’m only 16! I live in an occupied country!” Instead, he was always looking for some way to take action.

We have thus created this “Do What You Can” (DWYC) guide inspired by Lusseyran’s life. Below you’ll find 5 of the excuses people commonly give as to why they can’t make a difference, how the example Lusseyran set destroys that excuse, and the DWYC action principle you should replace it with.

Pornography In The Workplace: Trends And Developments

In a 2013 Forbes article, Cheryl Conner noted that 25% of working adults admit to looking at pornography on a computer at work. Also interesting to note is that 70% of all online pornography access occurs between 9:00 a.m. and 5:00 p.m. Older statistics indicate that two-thirds of human resources professionals have discovered pornography on employee computers, and that 28% of surveyed workers had downloaded sexually explicit content from the web while on the job.

Against this backdrop, employers face an increased concern over the propriety of employees' digital conduct at work. In the school context, especially, it is essential that student safety is protected and the school's reputation is upheld.

Labour arbitrators in Canada have addressed these issues in the context of employees accessing pornography on work-issued computers, during work hours, and/or with students as the subjects of the images. While the principles in the decisions are similar, the outcomes have varied depending on a range of circumstances.

The 10 Commandments of Success

The following is a reprint of an article by Brett and Kate McKay that appears in the Art of Manliness web site.

Editor’s note: The following excerpt on the “The Ten Commandments of Success” is taken from The Business of Life (1916) by Frank Crane. It has been condensed from the original.

It is the purpose of this piece of writing to give a glimpse of the fundamentals of success. I would indicate, not all the elements, but what kind of elements they are that enter into a triumphant existence.

I do not have in mind success in your particular calling. I have nothing to say concerning some things in which you are much interested, to wit; how you can sell more goods in your grocery, how you can acquire prominence as an actor, how you can be elected to office, or get rich or play the fiddle, or write a best seller. But I shall speak of things that will result in such goods as your own self-respect, the love and esteem of those who know you, a settled feeling of courage toward destiny, of hope in the future and of satisfaction with the past – in other words, life success instead of vocational success.

Vocational training is necessary. But life training is more necessary. You ought to serve a thorough apprenticeship to become an expert mechanic, baker, or lawyer, and receive a business training to become a good secretary, but all that is not the prime business of school. For the first goal of education should be to make you a wholesome, efficient, and cheerful man.

There are two kinds of success: success of distinction and success of satisfaction.

Success of distinction means getting rich, or famous, or in some way marked out among your fellows.

There is no doubt that this kind of success tastes good and appeals to us all. We love the spotlight, like to see our names in the newspaper and our pictures in the magazine. We should be properly proud to have our names go down in history.

But this point should not be overlooked: that in this sort of success Chance plays a great part.

Distinction is always mixed with luck. Napoleon, Grant, Roosevelt, and Dickens undoubtedly were men of sound qualifications, yet there have been many with abilities quite as great who never got such prominence. Good fortune has not all to do with making a prominent person, but it always has something to do with it.

On the contrary with the success of satisfaction opportunity has nothing whatever to do. You can be happy, strong, efficient, lovable, not ashamed to look at your face in the glass, to draw your wages and to stand before the judgment seat; you can make your life a glad and not a sad affair, and you can do this despite all the gods on Olympus, despite all ill luck, sickness, and calamity, and in face of all the imps of perdition.

You can have the success of satisfaction as certainly as two and two make four. All you have to do is find the cosmic laws of the spirit and keep them. They are just as accurate as the laws of mathematics.

We shall therefore set down some hints toward success, and call them Ten Commandments. For they are very old, very obvious, and for all that very essential.

For success is not some novel thing, to be come at by a trick or new discovery, but by the well-worn path of wisdom, the road of sages from Moses to Maeterlinck, and our children’s children must perforce study the same map and observe the same landmarks that were known of our fathers’ fathers.