Labour & Employment
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April 23, 2024
Federal budget fails to address immigration shortcomings | Sergio R. Karas
Last week, Finance Minister Chrystia Freeland unveiled Canada’s 2024 Budget, which proposes a whopping $52.9 billion in federal spending. Of particular concern are the $743.5 million over five years, along with an ongoing $159.5 million, earmarked for Immigration, Refugees and Citizenship Canada (IRCC), the Canada Border Services Agency (CBSA) and the Immigration and Refugee Board (IRB) to tackle challenges within the backlogged refugee system. While this is an area of concern, the budget is unclear on how these significant expenditures will be utilized to resolve many pressing issues in those departments.
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April 22, 2024
SCC’s spring session features weighty constitutional & admin law appeals but case volume is light
Constitutional and administrative law cases dominate at the Supreme Court of Canada this spring, with the handful of appeals to be heard involving class actions, standard of review, the honour of the Crown and the right to vote.
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April 22, 2024
McGill law profs warn university of impending strike
Unionized law professors at Montreal’s McGill University are again accusing the school of bad faith in bargaining and sounding the alarm of a fast-approaching strike deadline.
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April 22, 2024
Understanding the E-1 Treaty Trader visa for Canadian companies in the U.S.
The E-1 Treaty Trader visa permits executives, managers, supervisors, and essential employees of non-U.S. companies that engage in substantial trade between the U.S. and a treaty country to obtain work permits valid for five years. Canada has the requisite treaty, the U.S. Mexico Canada Free Trade Agreement (often referred to as “CUSMA” by Canadians), to permit Canadians to obtain this flexible visa.
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April 22, 2024
What does loyalty have to do with it? | Murray Gottheil
“Leadership is a two-way street: loyalty up and loyalty down.” ― Grace Murray Hopper
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April 19, 2024
Excluding ‘managers’ from collective bargaining doesn’t infringe Charter’s s. 2(d) guarantee: SCC
The Supreme Court of Canada has ruled 7-0 that the Quebec legislature’s exemption of “managers” from a statutory definition of “employees” — thereby excluding them from collective bargaining and other protections in Quebec’s Labour Code — does not infringe the s. 2(d) Charter-guaranteed freedom of association of members of an association of first-level casino managers, which had applied to be certified under the province’s general labour relations regime.
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April 19, 2024
Former partner returning to Miller Thomson
Labour and employment lawyer Inna Koldorf is rejoining Miller Thomson as a partner in the labour and employment group at the firm’s Vaughan office. Koldorf was a partner from 2017 to 2022.
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April 19, 2024
CONSTITUTIONAL ISSUES — Canadian Charter of Rights and Freedoms — Freedom of association
Appeals by Société des casinos du Québec inc. (Société) and Attorney General of Quebec from a judgment of the Quebec Court of Appeal restoring a judgment declaring s. 1(l)(1) of the Labour Code (Code) constitutionally inoperable against the Association des cadres de la Société des casinos du Québec (Association) and its members.
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April 18, 2024
Manitoba may open discipline matters of health professionals, save for ‘limited exceptions’
In a bid to boost trust and transparency in its health-care system, Manitoba’s government is proposing legislation that would open to the public discipline cases of health professionals facing “cancellation” by their regulator.
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April 18, 2024
Gap in the legal field diversity pipeline | Fatima Ahmed
Diversity in the legal field is an ongoing discussion that has been occurring repeatedly within our profession’s ranks for many years. The problem was identified years ago and continues to plague the industry as a mainstream area of concern. Despite many law firms recognizing the necessity for diversity in the workplace, many of them continue to be predominantly white and male. Anecdotal and qualitative data have demonstrated repeatedly that the legal profession, while getting incrementally better, is not moving the needle enough on the diversity scale. Law firms and law schools alike often place the blame on one another. Meanwhile, the diversity pipeline is running dry, and we have yet to identify the root cause.