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Quebec

"Drug Testing Policies – Developments from the Oil Patch"

Jurisdiction: - Alberta - Quebec
Sector: - Oil & Gas

The labour and employment lawyers at Bull Housser & Tupper in Vancouver have written a newsletter article on "Drug Testing Policies – Developments from the Oil Patch" (February 2008). The article reviews recent decisions of the Alberta Court of Appeal and the Quebec Court of Appeal.

Report on PIPEDA issued by "Standing Committee on Access to Information, Privacy and Ethics"

Topics: - PIPEDA - Privacy
Jurisdiction: - Alberta - Canada/Federal - Quebec

The federal Standing Committee on Access to Information, Privacy and Ethics has issued its report/recommendations on PIPEDA for the statutory review process.

The summary of the report provides, in part:

This report does not advocate dramatic changes to PIPEDA at this time. Given that the full implementation of the Act did not come about until January 2004 (see Overview of the Act, below), the Committee is cognizant of the fact that not every aspect of its implementation has yet been fully realized. Thus, even though we heard arguments on numerous issues, we have addressed only those where we decided that comments are warranted at this time.  read more »

"Rules & Principles Governing Dismissals in Québec"

Jurisdiction: - Quebec

Quebec lawyer Alain P. Lecours has written an overview of the "Rules & Principles Governing Dismissals in Québec" (May 2007).

"Dismissal and the Calculation of Notice of Termination: Beware of Company Policies!"

Jurisdiction: - Quebec
Sector: - Transportation

Quebec lawyer Dominique Launay has written an article on, "Dismissal and the Calculation of Notice of Termination: Beware of Company Policies!" (Winter 2006-07).

It addresses the Quebec Court of Appeal's decision in Aksich v. Canadian Pacific Railway, 2006 QCCA 931, which concerned the intersection of the employer's termination policy and article 2091 of the Civil Code of Québec

"Tell Me Where It Hurts”: Workplace Sexual Harassment Compensation and the Regulation of Hysterical Victims"

Jurisdiction: - Quebec

Finn Makela has written a paper entitled, “Tell Me Where It Hurts”: Workplace Sexual Harassment Compensation and the Regulation of Hysterical Victims" that was published in the McGill Law Journal (2006) 51 McGill L.J. 27. Ms. Makela is a lawyer at Melançon, Marceau, Grenier et Sciortinoin Montreal.

The paper's summary provides:  read more »

Ontario Abolishes Mandatory Retirement and BC and Saskatchewan Appear to Follow Soon

Effective December 12, 2006, mandatory retirement will no longer be generally permissible in Ontario, (as a result of amendments to the Ontario Human Rights Code). Employers will, however, still be allowed to enforce mandatory retirement polices if they can show that being younger than 65 (or another designated age) is a bona fide occupational requirement.

As reported in the media on December 2, 2006, Premier Campbell has announced that mandatory retirement in BC will also soon be abolished. Specifically, it is expected that the BC Human Rights Code will be amended in Spring 2007, with the result being that mandatory retirement policies will not be generally permissible in this province.

Similarly, on November 6, 2006 the Saskatchewan Government introduced Bill 9, which will amend the Saskatchewan Human Rights Code, with the result that mandatory retirement policies will not be generally permissible in that province if Bill 9 is enacted. However, the amendments would not come into force for one year after Royal Assent.

Mandatory retirement is already not generally permissible in Alberta, Manitoba, Quebec, PEI, Yukon, the NWT and Nunavut.

"Employee Suspension: With or Without Remuneration?"

Jurisdiction: - Quebec

Alain P. Lecours, a lawyer at Lecours & Lessard in Montreal has written an article entitled, "Employee Suspension: With or Without Remuneration?" (March 2006).

The paper discusses the difference between disciplinary suspensions and administrative suspensions. Although Mr. Lecours discusses this issue in the context of Quebec employment law, a similar if not the same analysis applies in the rest of Canada.

The paper was written for the firm's, "The Legal Insider" publication and was written in collaboration with Me Marie-Eve Brassard (redaction) and Me Louis-René Hébert (translation).

"The Hostile Workplace and Employer Liability"

A lawyer at Davis LLP has written a paper entitled "The Hostile Workplace and Employer Liability".

This very comprehensive paper, "examines some of the protections the British Columbia Courts have identified to address psychological harassment in the non-union workplace, including looking at the limits of those protections." Specifically, the author considers:

  1. claims in contract, and in particular, claims for constructive dismissal and consequential damages;
  2. claims in tort, and in particular the claim of tort in intentional infliction of mental suffering; and
  3. claims under statute, and in particular the availability of workers' compensation benefits for stress leave.

The paper also contains on overview of Quebec's psychological harassment provisions.