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Bombardier ordered to cease applying US national security standards when processing training requests for pilots

Jurisdiction: - Quebec
Sector: - Transportation

In Commission des droits de la personne et des droits de la jeunesse c. Bombardier inc. (Bombardier Aerospace Training Center), 2010 QCTDP 16, the Quebec Human Rights Tribunal ordered Bombardier to cease applying US national security standards when processing training requests for pilots seeking Canadian licences.

Aldona Gudas, a lawyer at Blakes, has written a summary of the decision (which is in English) in a Blakes bulletin that can be found here: "Bombardier to Pay Damages Under Quebec Human Rights Tribunal Decision" (February 18, 2011).

In her article, Ms. Gudas states that this decision:
 read more »

Upcoming conferences on labour, employment, human rights, privacy, immigration, pensions & benefits law

The table below contains a comprehensive list of the upcoming workplace law (employment, labour, human rights, pensions, privacy and immigration) conferences in Canada in 2011. The full names of the service providers, and links to their sites, are at the bottom of the page.

 read more »

"Anti-Bullying Legislation"

Robyn Durling of the BC Human Rights Coalition prepared a paper on, "Anti-Bullying Legislation", for the Human Rights Conference (Continuing Legal Education Society of British Columbia) in November 2010.

"Quebec Court Discusses Rights And Obligations Regarding Employee Inventions"

Jurisdiction: - Quebec

Ogilvy Renault lawyer George R. Locke has prepared a newsletter article entitled, "Quebec Court Discusses Rights And Obligations Regarding Employee Inventions" (June 2010).

The article addresses the Quebec Court of Appeal's decison in Corporation de l'École Polytechnique de Montréal v. Fardad, 2010 QCCA 992, in which it ruled in favour of the academic inventor and against the university.

An overview of how Canadian jurisdictions approach discrimination based on "family status"

A high-level overview of how Canadian jurisdictions approach discrimination based on "family status": 

  • It is included as a prohibited ground in relation to employment in each Canadian jurisdiction except New Brunswick and Newfoundland.
  • Saskatchewan defines it as being in a parent-child relationship.
  • Quebec uses the term "civil status".
  • The Northwest Territories has a prohibition on the grounds of "family status" as well as "family affiliation".

(My source was this publication on the Canadian Human Rights Commission's website, which was last updated in early 2009).

Supreme Court of Canada refuses to hear case concerning Quebec's workplace psychological harassment provisions

Jurisdiction: - Quebec

The Supreme Court of Canada today dismissed a leave to appeal application in a case concerning the psychological harassment provisions in Quebec's Labour Standards Act.

The SCC's website summarizes the case  - Elena Anton v. DMR, a division of Fujitsu Consulting (Canada) Inc. and Commission des relations du travail - as follows:

In 2006, Éléna Anton was hired by DMR as a senior systems delivery advisor.  The contract of employment stated that her employment was subject to a six-month probationary period.  In 2007, Ms. Anton consulted her doctor, who gave her a medical certificate for sick leave.

Dissatisfied with the quality of her work, primarily because she did not work well with others and did not follow certain instructions, DMR terminated Ms. Anton's employment at the end of the probationary period.  read more »

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 »

Update on the Bill C-45 health and safety amendments to the Criminal Code

Jurisdiction: - Quebec
Sector: - Manufacturing

The 2004 "Bill C-45" amendments to the Criminal Code opened the door for an organization to be charged criminally for not meeting its workplace health and safety obligations.

There has only been one criminal conviction under the amendments since they were introduced, according to an article on "Criminal Negligence and the Corporation" in the winter edition of the Canadian Corporate Counsel Association magazine written by Toronto lawyer Pradeep Chand.

Transpave, Inc. , a concrete block manufacturer near Montreal, pled guilty to criminal negligence causing death in December 2007. The charges were brought in relation to a 2005 workplace accident in which a 23 year-old Transpave employee was crushed to death while trying to clear a jam in a machine.

Transpave was subsequently fined $100,000 by the Quebec court, which was the amount that Crown counsel and the lawyer for the company had jointly agreed was appropriate.

(Note: The federal government's Plain Language Guide to Bill C-45, which appears to have been written before it was passed, can be found here).

Ban in BC on electronic devices while driving will be in effect as of January 1, 2010

Jurisdiction: - British Columbia - Ontario - Quebec

Following the lead of seven other provinces - including Ontario and Quebec - BC is introducing a ban on the use of electronic devices while driving effective January 1, 2010.

My former colleagues at Lawson Lundell LLP have prepared a bulletin that provides an overview of the rules and outlines the steps that employers should take in response to the ban. The bulletin can be read here.