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HTMLLiberals Vow to Repeal Section 43 of the Criminal Code
Eric M. Roher; Borden Ladner Gervais LLP;
Legal Alert/Article
January 28, 2016, previously published on January 21, 2016
In promising to enact all of the recommendations of the Truth and Reconciliation Commission ("TRC"), the federal Liberals have agreed to remove the section in the Criminal Code that permits teachers and parents to use reasonable force to correct the behaviour of children in their care.1

 

HTMLNova Scotia Court Strikes Down Cyber-Bullying Legislation
Bethan Dinning; Borden Ladner Gervais LLP;
Legal Alert/Article
January 28, 2016, previously published on January 21, 2016
In 2013, Nova Scotia became the first jurisdiction in Canada to implement legislation aimed at protecting victims of online harassment or ‘cyber-bullying'. On December 11, 2015, the Supreme Court of Nova Scotia struck down the Cyber Safety Act (the "Act") in Crouch v. Snell 1...

 

HTMLIt's Never Okay: Ontario Government Releases an Action Plan to Combat Sexual Violence and Harassment
Swetha Popuri; Borden Ladner Gervais LLP;
Legal Alert/Article
January 28, 2016, previously published on January 21, 2016
In March 2015, Ontario Premier Kathleen Wynne released a 35-page Action Plan called, "It's Never Okay: An Action Plan to Stop Sexual Violence and Harassment." The $41-million, three-year initiative aims to tackle sexual violence and harassment from a number of perspectives. The most...

 

HTMLAre You Compliant With AODA Standards Effective January 1, 2016?
Stephanie Young; Borden Ladner Gervais LLP;
Legal Alert/Article
January 28, 2016, previously published on January 21, 2016
The next phase of Accessibility for Ontarians with Disabilities Act (the "AODA") compliance came into effect on January 1, 2016. Private and not-for-profit organizations and small and large public organizations, including public school boards and independent schools, had to comply with...

 

HTMLOntario Introduces Legislation to Establish Concussions Advisory Committee
Chelsea Braida; Borden Ladner Gervais LLP;
Legal Alert/Article
January 28, 2016, previously published on January 21, 2016
On November 25, 2015, Ottawa-area MPP Lisa MacLeod introduced Bill 149, Rowan's Law Advisory Committee Act, 2015 ("Rowan's Law") in the Ontario Legislature. Although a private member's bill, Rowan's Law has received all-party support (including support from the Premier and the Minister of...

 

HTMLPornography in the Workplace: Trends and Developments
Maddie Axelrod; Borden Ladner Gervais LLP;
Legal Alert/Article
January 28, 2016, previously published on January 21, 2016
In a 2013 Forbes article, Cheryl Conner noted that 25% of working adults admit to looking at pornography on a computer at work. Also interesting to note is that 70% of all online pornography access occurs between 9:00 a.m. and 5:00 p.m. Older statistics indicate that two-thirds of human resources...

 

HTMLSenate Will Not Take Up 21st Century Cures Bill
McDonald Hopkins LLC;
Legal Alert/Article
January 26, 2016, previously published on January 22, 2016
The Senate had been expected to take up a companion bill to the House-passed 21st Century Cures bill. It appears that this will no longer happen. Instead of a comprehensive medical innovation bill, the Senate will instead work on several smaller bills that can attract wide bipartisan support.

 

Adobe PDFDESE Publishes Guidance on Changes to Physical Restraint and Time-Out
Tami Fay; Murphy, Hesse, Toomey & Lehane, LLP;
Legal Alert/Article
January 22, 2016, previously published on August 2015
On approximately July 31, 2015, the Department of Elementary and Secondary Education (“DESE”) published additional guidance on the implementation of physical restraint and time-out under the revised regulations at 603 CMR 46.00 et seq. Although the revised regulations are not effective...

 

Adobe PDFMassachusetts Supreme Judicial Court Vacates Judgment Finding that Settlement Agreements Placing Students in Private Special Education Placements are Public Records
Doris R. MacKenzie Ehrens; Murphy, Hesse, Toomey & Lehane, LLP;
Legal Alert/Article
January 22, 2016, previously published on October 2015
In a decision in favor of the Weston Public Schools, the Supreme Judicial Court found that settlement agreements between a public school and parents of students who require special education services are exempt from the definition of public records under both the statutory and privacy exemptions to...

 

HTMLA HS Student's Arrest Leads to Close Examination of School Resource Officer Roles & Responsibilities
Wade Blumenshine; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
January 22, 2016, previously published on Winter 2016
After a video of a school resource officer (SRO) arresting a student at Spring Valley High School in South Carolina went viral, public attention focused on the presence of SROs in schools throughout the country.

 


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