Supreme Court of Canada rules Crown has no duty to consult First Nation regarding law-making process.
11, October 11, 2018 - Filed in: Court Cases
"In April 2012, two pieces of omnibus legislation with significant effects on Canada’s environmental protection regime were introduced into Parliament. The Mikisew Cree First Nation was not consulted on either of these omnibus bills at any stage in their development or prior to the granting of royal assent. The Mikisew brought an application for judicial review in Federal Court, arguing that the Crown had a duty to consult them on the development of the legislation, since it had the potential to adversely affect their treaty rights to hunt, trap, and fish under Treaty No. 8. The reviewing judge granted a declaration to the effect that the duty to consult was triggered and that the Mikisew were entitled to notice of the relevant provisions of the bills, as well as an opportunity to make submissions. On appeal, a majority of the Federal Court of Appeal concluded that the reviewing judge erred by conducting a judicial review of legislative action contrary to the Federal Courts Act . The majority held that when ministers develop policy, they act in a legislative capacity and their actions are immune from judicial review. It deemed the reviewing judge’s decision to be inconsistent with the principles of parliamentary sovereignty, the separation of powers, and parliamentary privilege. The Mikisew appealed."
The S.C.C. held (9:0) (with reasons for judgment by Karakatsanis J. [Wagner C.J. and Gascon J. concurring]. As well as separate concurring reasons by Abella [Martin J. concurring], Brown J., and Rowe J. [Moldaver and Côté JJ. concurring]), that the appeal is dismissed. Read More...
Be Careful What You Wish For: Ontario Court Holds That An Employee Cannot Rescind A Clear And Voluntary Notice Of Resignation
03, October 03, 2018 - Filed in: Court Cases
In English v Manulife Financial Corporation, the Ontario Superior Court of Justice considered whether an employee who has voluntarily resigned may later rescind her notice of resignation or retirement. The court found that while an employer may voluntarily accept such a rescission, it is not required to do so. Read More...
26, September 26, 2018 - Filed in: General Interest
The following is a reprint of an article by Brett and Kate McKay that appears in the Art of Manliness web site.
Never complain; never explain.
This pithy little maxim was first coined by the British politician and prime minister Benjamin Disraeli, and adopted as a motto by many other high-ranking Brits — from members of royalty, to navy admirals, to fellow prime ministers Stanley Baldwin and Winston Churchill. The maxim well encapsulates the stiff-upper lipped-ness of the Victorian age, but the timeless wisdom it contains has made it a guiding mantra of powerful, confident, accountability-prizing men up through the modern day.
The “nevers” of course aren’t ironclad and don’t apply to every situation, and even when they should apply, they can be hard to follow through on! But understanding when, where, and why to apply this maxim is truly a great help in becoming a more autonomous and assertive man.
Its four words pack a lot of truth in a small space and work on a few different levels. So let’s unpack them, starting with the meat of the matter — “never explain” — and working backwards. Read More...
18, September 18, 2018 - Filed in: Court Cases
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...
17, September 17, 2018 - Filed in: Court Cases
"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...