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|SCC Holds Disclosure of Private Communications Engages Constitutional Rights|
Lisa Martz; McCarthy Tetrault LLP;
February 27, 2015, previously published on December 2, 2014In its Nov. 14, 2014 decision in Wakeling v. United States of America, 2014 SCC 72, the Supreme Court of Canada (SCC) held that s. 8 of the Canadian Charter of Rights and Freedoms (the Charter) (the right to be free from unreasonable search and seizure) applies to the disclosure of communications...
|Pay Attention to the Solicitation Requirements for the Bidding Entity|
William J. Cea; Becker Poliakoff P.A.;
February 19, 2015, previously published on December 23, 2014When submitting a bid to perform public work, pay attention to the solicitation requirements for the bidding entity. Must the bidding entity possess a particular license? Can any of the work be subcontracted? Do subcontractors have to be listed in the bid? These are all important questions that...
|Accommodation of Religious Beliefs at School|
Teresa R. Haykowsky, David D. Risling; McLennan Ross LLP;
January 30, 2015, previously published on January 22, 2014Last week the media reported that York University Professor Paul Grayson refused a male student’s request to be separated from female classmates during a class activity for religious reasons. The student had been required, as part of his online course, to work in a face to face group activity.
|The FBI Says It can Search Your Cell Phone Without a Warrant by Using “stingrays” in Public Places|
Ramsay C. McCullough; Jackson Lewis P.C.;
January 30, 2015, previously published on January 12, 2015The data on employees' cell phones may be taken by law enforcement, even without a warrant, if those smart phones are used in public places.
|Flying is a No-Rights Zone: Supreme Court of Canada Dismisses Language Rights Claim|
Ranjan K. Agarwal, Faiz M. Lalani; Bennett Jones LLP;
January 20, 2015, previously published on November 3, 2014Plaintiffs cannot bring a claim for damages for a breach of fundamental rights against an airline if that breach arose in the course of international travel. Simply put, international flying is a “no-rights zone” between embarkation and debarkation.
|Ontario Divisional Court Upholds Controversial Award of the Ontario Human Rights Tribunal|
Ranjan K. Agarwal, Joseph N. Blinick, Talia K. Bregman; Bennett Jones LLP;
January 20, 2015, previously published on October 6, 2014In Hamilton-Wentworth District School Board v Fair, the Ontario Divisional Court upheld two noteworthy decisions of the Ontario Human Rights Tribunal. In the Tribunal’s first decision, it found that the Hamilton-Wentworth District School Board discriminated against its employee, Sharon Fair,...
|Human Rights Damages on the Rise?|
Ranjan K. Agarwal; Bennett Jones LLP;
January 16, 2015, previously published on February 20, 2014In the Report of the Ontario Human Rights Review 2012, Andrew Pinto recommended that the Human Rights Tribunal of Ontario “reconsider its current approach to general damages awards in cases where discrimination is proven. The monetary range of these awards should be significantly...
|Federal Hate Speech Prohibition Has Nine Lives|
Ranjan K. Agarwal; Bennett Jones LLP;
January 14, 2015, previously published on February 10, 2014On January 31, 2014, the Federal Court of Appeal held in Lemire v Canadian Human Rights Commission that the hate speech prohibition in the Canadian Human Rights Act is constitutional. This decision comes on the heels of the Supreme Court of Canada’s decision upholding a similar provision in...
Ranjan K. Agarwal, Joseph T. Marcus; Bennett Jones LLP;
January 14, 2015, previously published on January 16, 2014Today, the Supreme Court of Canada granted leave to appeal in Carter v Canada (AG), which deals with the constitutionality of the assisted suicide provision of the Criminal Code. In 1993, in Rodriguez v British Columbia (AG), the Supreme Court of Canada upheld the very same provision as...
|York University, Religious Accommodation, and the Absence of Bright Lines|
Derek J. Bell; Bennett Jones LLP;
January 14, 2015, previously published on January 16, 2014York University caused much controversy earlier this month by agreeing that a male student was not required to meet with female class members in connection with a group project. While the male student’s reason for the request was apparently based on a religious belief, the university’s...