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Canada’s online legal magazine.

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Why a Scent-Free Policy Not a Solution in the Detection of Cannabis Impairment

There is a recent article that suggested that implementing a scent-free or fragrance-free environment policy would help employers know if their employee is high at work from cannabis use, and what actions to take when they catch them high at work.

Most people are familiar with smoking dried cannabis in hand-rolled cigarettes, pipes or water pipes-but people can consume cannabis in many forms, including: “vaping”; eaten in cannabis-infused foods called “edibles” (e.g., cooking oils and drinks); applied as oils, ointments, tinctures, cream and concentrates (e.g., butane hash oil, resins and waxes); and of course, ingested as oral pills and oral . . . [more]

Posted in: Case Comment, Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Physician Billings Are Not Personal Information in Ontario

Canada’s unique health care system, which is publicly funded but largely privately administered, is one of the most important political and public policy issues in our society.

Negotiations between physicians and the government in Ontario in past years has been strained, with the parties unable to achieve an agreement on Jan. 15, 2015. In the years that have followed, there has been greater scrutiny of these negotiations, especially by members of the public who are concerned about the effect on patient care. Ontario spends $11.6 billion on compensation to doctors, $7.9 billion of which is fee-for-service under the Ontario Health . . . [more]

Posted in: Substantive Law: Judicial Decisions

Constitutionality of Reconstituting the City of Toronto

On Oct. 20, 2018, the City of Toronto its 86th municipal election, the largest city in Canada, with?the 6th largest government in the country and?nearly 8% of the entire country’s population.?On July 27, 2018, just a few months before this election, the new Premier of Ontario, Doug Ford, announced that he will reduce the number of city council seats from 44 to 25.

There have been calls supporting and opposing this exact change, years before Premier Ford won the provincial election this year. Other cities around the world have effectively functioned with similar numbers in representation. The . . . [more]

Posted in: Justice Issues, Substantive Law: Judicial Decisions

New Brunswick Workplace Regulation to Prevent Violence and Harassment

New Brunswick violence and harassment provisions under the Occupational Health and Safety Act and General Regulation 91-191 aimed at identifying and preventing violence and harassment in the workplace will take effect September 1, 2018. Currently, New Brunswick is the only Atlantic province that does not specifically address the issue of workplace violence in its health and safety laws. All Atlantic provinces do not currently address harassment in health and safety laws. New Brunswick will be the first.

While certain occupational groups, such as health-care workers, tend to be more at risk of workplace violence or harassment, these new regulations will . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Information Needed to Assess Children’s Lawyer Function

The involvement of children in our legal system is one that requires particular sensitivity and care, given their own limits of autonomy, but also the long-lasting consequences that the justice system can have on them. Access to information as to how our system works is central to this ability to assess its function.

The Ontario Court of Appeal recently reversed in?Ontario (Children’s Lawyer) v. Ontario (Information and Privacy Commissioner)?a decision that would release information held by the Office of the Children’s Lawyer (OCL), which will make any independent review of their function by third-parties more challenging in the . . . tỷ lệ cá cược bóng đá trực tuyến [more]

Posted in: Justice Issues, Substantive Law: Judicial Decisions

Employer’s Unilateral Change of Bonus Provisions Unenforceable

The Ontario Superior Court recently awarded 30 months’ notice period and bonus payments in full during that notice period to a long-service employee. The Judge noted that termination without cause in this case resulted in forced resignation as comparable employment was not available for the 62-year-old employee who had devoted 37 years to the company, and was therefore entitled to 30 months’ notice period. Moreover, the altered conditions of employment whereby bonus payments would only be payable if employed on date of payout was struck down as it was not appropriately communicated to affected employees-as the Judge noted that posting . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Judicial Review Properly Initiated at Divisional Court

The first stop in the lawsuit against the Statement of Principles concluded this month, with the Ontario Superior Court of Justice upholding a motion by the law society to transfer the matter to the Divisional Court.

The Amended Application in this matter disposed of the injunctive relief originally sought, and instead seeks a number of declarations, including an interpretation and content of what the Statement of Principles obligation means, that the requirements are?ultra vires?the?Law Society Act, and challenging the constitutionality of the requirements.

It’s the latter relief, the constitutionality of the Statement of Principles, that . . . [more]

Posted in: Education & Training: CLE/PD, Substantive Law: Judicial Decisions

Resources on US Supreme Court Nominee Brett M. Kavanaugh

Earlier this week, American President Trump nominated Brett M. Kavanaugh from the?Court of Appeals for the District of Columbia to take the place of?Justice Anthony Kennedy who will be?retiring as of the end of this month.

Who is Kavanaugh?

There are plenty of resources to figure that out.

The Library of Congress in Washington has published a page with resources about the?nominee. The page includes links to articles and books by and about the nominee, to cases decided by him, to Congressional materials about his earlier nominations to federal judicial posts, and to web resources. . . . [more]

Posted in: Justice Issues, Legal Information: Libraries & Research, Substantive Law: Foreign Law

Status of Federal, Provincial and Territorial Cannabis Act

When legalization of cannabis comes into effect in Canada, which is scheduled for October 17, 2018, marijuana will no longer be listed as a controlled substance under the Controlled Drug and Substances Act and the consumption and incidental possession will no longer be a crime under Canada’s Criminal Code. . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Packaging Prohibitions: A Closer Look at Some Interesting Quirks of the Packaging Regulations Under the Cannabis Act

Everyone knew that the marketing and promotion restrictions on packaging for licensed producers in the recreational market were going to be onerous.

The Cannabis Act (the “Act”) itself sets out a number of restrictions, including prohibitions on packaging that:

  • could be appealing to young persons;
  • sets out a testimonial or endorsement, however displayed or communicated;
  • depicts a person, character or animal, whether real or fictional;
  • associates the cannabis or one of its brand elements with a way of life; or
  • contains information that is false or misleading.

On top of what is set out in the Act itself, in March, . . . [more]

Posted in: Substantive Law: Legislation

The Threat of Creeping Charterism

Far-right American groups tout the threat of “creeping sharia.” Comparable groups in Canada appear to be warning of a threat of a different kind, of the influence of the Charter in Canadian society.

If this seems puzzling, you’re not alone. The Charter is part of the Canadian constitution, arguably the most important legal document in our entire system. And yet, it becomes a convenient scapegoat when courts make decisions that some aspects of society disagree with.

What I’m talking about is Prof. Bruce Pardy, who criticized the Court’s decision in?Trinity Western University v. Law Society of Upper Canada. . . . [more]

Posted in: Substantive Law: Judicial Decisions

Federal Accessibility Law Tabled in Parliament

On June 20, 2018, the federal government introduced Bill C-81, An Act to ensure a barrier-free Canada, the long-awaited national accessibility legislation which will enable the government of Canada to take a proactive approach to end systemic discrimination of people with disabilities.

The Bill also known as the Accessible Canada Act would establish a model to eliminate accessibility barriers and lead to more consistent accessibility in areas covered by federally regulated sectors such as banking, inter-provincial and international transportation, telecommunications and government-run services such as Canada Post and federally funded organizations. Moreover, the Bill aims to “identify, remove and . . . [more]

Posted in: Justice Issues, Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation