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Manitoba

Mandatory reporting of child pornography in Canada

Jurisdiction: - Alberta - Manitoba - Nova Scotia - Ontario

In an April 2009 post, I reported on the pending legislation in Ontario - Bill 37 - which will amend the Child and Family Services Act (Ontario) and imposes a positive obligation on any person in Ontario, including employers and employees, to report child pornography.

An article in the May 3, 2010 edition of the Canadian HR Reporter - which recently landed on my desk - points out that Ontario is just one of four Canadian provinces to take action in this regard. To summarize from the article (and other sources):  read more »

Manitoba bill that provides unpaid leave of absence for surgery to donate organs takes effect today

Topics: - Leaves & Vacations
Jurisdiction: - Manitoba

Bill 227 received Royal Assent today. It amends the Manitoba Employment Standards Code to provide for an unpaid leave of absence for employees who undergo surgery for organ donation.

A news release issued today by the Manitoba government notes that it is only the second jurisdiction in Canada to adopt such legislation.

The Manitoba government has also prepared an "Organ Donor Leave" publication which explains the amendments. 

Does the Ontario Human Rights Code protect employees charged with a criminal offence?

Does the Ontario Human Rights Code ("OHRC") protect employees charged with a criminal offence? The answer is "no" based on a series of decisions by the Ontario Human Rights Tribunal ("OHRT") over the last year.

Ontario Human Rights Code

The OHRC prohibits discrimination in employment on the basis of an employee's "record of offences". The OHRC states that "record of offences" means a conviction for:

(a) an offence in respect of which a pardon has been granted under the Criminal Records Act (Canada) and has not been revoked, or

(b) an offence in respect of any provincial enactment.

Decision in de Pelham v. Mytrak Health Systems Inc.

In a February 2009 decision, de Pelham v. Mytrak Health Systems Inc. 2009 HRTO 172 (CanLII), the chair of the OHRT ruled that the "record of offences" provisions do not encompass criminal charges. Specifically, he stated:  read more »

Upcoming labour, employment and human rights law conferences in Western Canada/the Pacific Northwest

Topics: - Conferences

Here is a partial list of upcoming labour law, employment law and human rights law  conferences in Western Canada/the Pacific Northwest:

March 2010

17-18:    2010 Vancouver Human Rights and Accommodation Conference, (Lancaster House)

18:        Legal Symposium: Developing Your Employment Law Knowledge, Surrey, BC  (BCHRMA)

April 2010

14-15:   The 2010 Accommodation Conference, Regina, SK (labourlawonline.ca)

20:        IPM Vancouver One Day Conference (Institute of Professional Management)

28-29:   The 2010 Accommodation Conference, Edmonton, AB (labourlawonline.ca)  read more »

"Monitoring employee e-mail: a privacy primer"

Jurisdiction: - Canada/Federal - Manitoba

Lawyer Brian Bowman and articling student Andrew Buck, at Pitblado LLP in Winnipeg, prepared "Monitoring employee e-mail: a privacy primer" for the December 2009 CBA National Privacy and Access Law Section Newsletter. The article focuses largely on the  federal Personal Information Protection and Electronic Documents Act.

More on the end of mandatory retirement in Canada

Jurisdiction: - Canada/Federal - Manitoba

In August 2009 I wrote a post entitled, "Canadian Human Rights Tribunal decision may signal death knell for mandatory retirment in federal sector." The decision in question was Vilven v. Air Canada, 2009 CHRT 24, which is now the subject of a judicial review application by the Air Canada Pilots Association to the Federal Court.

For more on the topic of the status of mandatory retirement in Canada you can read a bulletin that Fasken Martineau issued today entitled "Mandatory Retirement Being Retired Across Canada".

The use of social media and internet searches in the hiring process

Jurisdiction: - Manitoba

Donna Seale is a lawyer in Manitoba with her own consulting company, Donna M. Seale Consulting Services. She also has a blog ("Human Rights in the Workplace") and recently wrote an informative three-part series on the legal implications of using social networking sites and internet searches in the hiring process. Part One can be read here.