Consultation on Separation
Sarah C. Miller and Ava Wolf discuss section 35 of the Constitution and if the duty to consult are applicable regardless of whether Legislature has explicitly adopted reference to them in the legislation.
Read MoreInsights
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.
Articles in: Charter of Rights & Constitutional Law
The Most Common Way People Give Up Their Power is by Thinking They Don't Have Any...
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.
Read MoreUnilateral Unpaid Leave of Absence May Not Trigger Constructive Dismissal
Erin J. Baker and Sarah C. 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.
Read MoreMandatory Vaccinations in the Workplace
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?
Read MoreTort Liability in a COVID World, Part 3: Government Oversight of the Cargill Beef Plant
With the easing of restrictions across Canada, including at food processing plants, can governments be held liable for future outbreaks? Laura Warner and Kaila Eadie examine the principles that impact government liability in these unique circumstances.
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