Labour & Employment
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August 20, 2025
Binding arbitration vs. the right to strike: A transatlantic tussle over labour rights, part two
Dear reader, if you’ve been keeping a keen eye on things, you’re undoubtedly aware of the saga that Air Canada and its flight attendants have found themselves in. It’s a tale as old as time: the delicate dance between workers’ rights and economic stability.
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August 20, 2025
Saskatchewan court: ‘Notwithstanding’ clause doesn’t oust judicial review jurisdiction
Next year, the Supreme Court of Canada will finally determine the proper interpretation of s. 33, also known as the “notwithstanding” clause, of the Canadian Charter of Rights and Freedoms (Charter). More recently, the Court of Appeal for Saskatchewan (SKCA) released a significant decision also interpreting s. 33.
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August 20, 2025
Immigration fraud and the need for reform
Canada is known as a welcoming country for immigrants, but there is a serious problem with some unscrupulous immigration consultants who take advantage of people’s trust, hopes and money by committing fraud and engaging in dishonest practices.
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August 20, 2025
Attention not-for-profits: Your volunteer management practices may need immediate review
The Ontario Superior Court’s decision in Hannan v. Scouts Canada, 2024 ONSC 5361 marks a significant development in the legal framework governing volunteer relationships within non-profit organizations. By establishing that well-publicized policies and procedures for volunteers can create binding obligations, this ruling may necessitate a revision of volunteer management practices in the non-profit sector.
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August 19, 2025
Ministers from territories plan for gender equality
Ministers from Canada’s northern territories are working to develop a “memorandum of understanding” in formalizing shared priorities on gender equity.
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August 19, 2025
DISCIPLINE AND TERMINATION OF EMPLOYMENT - Arbitration and mediation
Appeal by the appellants (“Surerus” and “Pecquery”), from a chambers judge’s dismissal of applications to dismiss or stay a civil claim. The respondent (“Mr. Gabriel”) initially brought an action that related to an alleged assault that occurred at the respondent’s workplace.
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August 19, 2025
Feds announce probe into unpaid airline work in light of Air Canada flight attendant strike
As Air Canada flight attendants have reached a tentative deal to end their strike, the federal government has announced it is launching consultations regarding unpaid work in the airline sector. Meanwhile, labour unions are calling for an end to the “unconstitutional” section 107 of the Canada Labour Code.
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August 19, 2025
Binding arbitration vs. the right to strike: A transatlantic tussle over labour rights
If you’ve been keeping a keen eye on things in the backyard, you’ll have undoubtedly caught wind of the rather sticky wicket that Air Canada and its flight attendants have found themselves in. It’s a tale as old as time, or at least as old as organized labour: the delicate dance between workers’ rights and economic stability.
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August 15, 2025
Beyond the bar: When nobility rings hollow
I recently sat for the New York “bar exam” (also known as the Uniform Bar Exam or UBE), which is a gruelling and high-stakes test that marks the gateway to practising law in the United States. On the second day of this 12-hour exam, a tragic and jarring incident occurred: a fellow examinee collapsed from cardiac arrest while the test continued unabated.
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August 14, 2025
DEI dilemma: U.S. state bars grapple with DEI programs, language amid legal threats
State bar leaders across the U.S. are wrestling with whether to stand firm on their diversity, equity and inclusion (DEI) programs or quietly rework programs and language as they face rising political pressure and potential legal challenges.