Welcome to JSS Barristers Insights. Here you’ll find a variety of thought-leadership, from concise summaries of regulations to more in-depth analyses of how Rules of Court can affect the courts’ decisions.

Category: Charter of Rights & Constitutional Law

The Most Common Way People Give Up Their Power is by Thinking They Don't Have Any...

February 28, 2023

Alberta’s Court of King’s Bench found a CMOH Order unreasonable. The authority to issue such executive legislation is vested solely with the CMOH rather than elected officials who participated in the promulgation of the Order.

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Unilateral Unpaid Leave of Absence May Not Trigger Constructive Dismissal

November 3, 2022

Erin J. Baker and Sarah Miller outline the main takeaways from Justice MacNaughton's decision in Parmar v Tribe Management Inc. that a mandatory vaccination policy in the workplace may not trigger constructive dismissal.

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Mandatory Vaccinations in the Workplace

July 22, 2021

With the widespread availability of COVID-19 vaccinations in Canada, employers are anxious to get their employees vaccinated and “back to normal,” employers are likely thinking about what they can do to return to pre-pandemic operations. The question then arises: can an employer require employees to get the COVID-19 vaccine? And, if an employee refuses, what options does the employer have?

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