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Charter of Rights & Freedoms

Alberta Privacy Commissioner pens letter regarding how to make Alberta PIPA constitutionally compliant

Jurisdiction: - Alberta

In Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62, the Supreme Court of Canada ruled that the Alberta Personal Information Protection Act ("PIPA") violated section 2(b) of the Charter of Rights and Freedoms and could not be saved under section 1 of the Charter. See my full entry on this cae here: "SCC rules that AB PIPA violates freedom of expression in the labour relations context; PIPA struck down".

In a letter that was published on January 14, 2014, the Alberta Information and Privacy Commissioner has now advised the Alberta government on what changes she thinks should be made to the Alberta PIPA to allow it to be constitutionally compliant. The letter, dated December 20, 2013, can be found here.

"Top 10 Employment And Labour Law Cases In 2013" according to Cassels Brock & Blackwell

The law firm of Cassels Brock & Blackwell has issued their, "Top 10 Employment And Labour Law Cases In 2013". 

The cases on their list are set below. Note: the summaries with the cases are mostly my word-for-word cut and paste's from the original article:

1. Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd., 2013 SCC 34

The Supreme Court of Canada ruled that random alcohol testing in the workplace is prohibited unless the employer can prove that, in addition to having a dangerous workplace, there are other pressing factors such as an overt substance abuse problem in the workplace.

2. Pate Estate v. Harvey (Township), 2013 ONCA 669

The Ontario Court of Appeal agreed that the Township employer had severely mistreated the dismissed employee, but reduced the punitive damages award from $550,000 to $450,000.  read more »

SCC rules that AB PIPA violates freedom of expression in the labour relations context; PIPA struck down

Jurisdiction: - Alberta

In Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62, the Supreme Court of Canada ruled that the Alberta Personal Information Protection Act ("PIPA") violated section 2(b) of the Charter of Rights and Freedoms and could not be saved under section 1 of the Charter.

Specifically, the Court stated:

37. PIPA imposes restrictions on a union's ability to communicate and persuade the public of its cause, impairing its ability to use one of its most effective bargaining strategies in the course of a lawful strike.  In our view, this infringement of the right to freedom of expression is disproportionate to the government's objective of providing individuals with control over personal information that they expose by crossing a picketline.  read more »

Alberta Privacy Commissioner will seek leave to appeal in case where ABCA found PIPA breached Charter

Jurisdiction: - Alberta

The Alberta Information and Privacy Commissioner's office issued the following news release yesterday, concerning the Alberta Court of Appeal's decision in United Food and Commercial Workers, Local 401 v. Alberta (Attorney General), 2012 ABCA 130, which found the Alberta privacy sector privacy legislation, PIPA, to be unconstitutional:

Information and Privacy Commissioner Jill Clayton will apply to the Supreme Court of Canada for leave to appeal the recent decision of the Alberta Court of Appeal in United Food and Commercial Workers, Local 401 v. Alberta (Attorney General), 2012 ABCA 130.  read more »

Can employees over 65 be excluded from benefits?

Can employees over 65 be excluded from benefits?

This is a question that Lindsey Taylor, a lawyer at Fasken Martineau in Vancouver, set out to answer in her article, "Benefits for Older Employees - Can They be Excluded? (April 20, 2011), written for Fasken's HR Space publication.

The article addresses three arbitration awards:  read more »