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Documents on Constitutional Law
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|Essential Services and Essential Rights: Saskatchewan Federation of Labour and the New Constitutional Right to Strike|
Jason Kully, Jeremy Taylor; Field Law;
April 10, 2015, previously published on February 3, 2015In Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4, the Supreme Court of Canada held that the right to strike is protected under the right to freedom of association, guaranteed by s. 2(d) of the Canadian Charter of Rights and Freedoms. The 5-2 decision overrules legal precedents...
|Do Same Sex Couples Have A Constitutional Right To Marry? United States Supreme Court Agrees To Hear Four New Cases On Same Sex Marriage|
Jeffrey A. Jaketic; Hinman, Howard & Kattell, LLP;
April 1, 2015On January 16, 2015, the United States Supreme Court agreed to hear four new cases on same-sex marriage. The specific questions that the Supreme Court will address are (1) whether the Fourteenth Amendment requires a state to license a marriage between two people of the same sex, and (2) whether the...
|Two Big Wins for Unions at the SCC|
Angela Juba; McCarthy Tétrault LLP;
March 25, 2015, previously published on March 20, 2015Earlier this year, the Supreme Court of Canada delivered a pair of big wins to Canadian unions. Both judgments relate to public sector unions, but may have important implications for labour law more generally. In both cases, the Court has undermined its own precedent.
|Practice And Process Around Religious Exemptions |
Eric M. Roher; Borden Ladner Gervais LLP;
March 24, 2015, previously published on March 5, 2015Central to Catholic education in Ontario is creating and shaping the Catholic identity. The Ontario Catholic School Graduate Expectations are intended to establish a provincial curriculum framework regarding learning expectations which define what all students are expected to know, to do and to...
|Freedom of Information Act|
Emily Perkins, Chrissie Peterson, Melissa Schoenbein; Heyl, Royster, Voelker & Allen Professional Corporation;
March 24, 2015, previously published on February 2015In a binding decision, PAC 14-015, published on November 25, 2014, the Public Access Counselor (PAC) found the Village of Winnetka in violation of FOIA after the Village denied a request that asked for a copy of a Village employee's employment application and resume. The Village denied the request...
|Complying with the New Freedom of Information Act Changes|
Anne M. Seurynck; Foster, Swift, Collins & Smith, P.C.;
March 19, 2015, previously published on January 27, 2015The Legislature approved significant changes to the Freedom of Information Act (“FOIA”). 2014 PA 563 was recently signed by the Governor but does not become effective until July 1, 2015. However, because every public body must adopt procedures, guidelines and summaries to implement PA...
|Canadian Courts Refuse to Settle for Weak Privacy Rights: “Imperial Oil Limited v Alberta”|
Roland Hung, Kimberly Macnab; McCarthy Tétrault LLP;
March 5, 2015, previously published on February 27, 2015Last week, the Supreme Court of Canada (“SCC”) dismissed leave to appeal the Alberta Court of Appeal (“ABCA”) decision in Imperial Oil Limited v Alberta., thereby endorsing the ABCA’s approach to settlement privilege in the context of applications under the Freedom of...
|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...
|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.