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As corporate Canada continues to embrace equity, diversity and inclusion - the hallmarks of culturally progressive workplaces, often referred to as 'woke' - executives find themselves encountering new employment law [...]

Byline: MARIE WOOLF; Staff OTTAWA -- Acclaimed author Margaret Atwood has warned that the federal government's online harms bill is 'Orwellian' and its definitions of punishable hate speech are vague [...]

In the recent decision of Natural Resources and Energy Development v Blaney, 2023, NBCA 61, the New Brunswick Court of Appeal (NBCA) upheld the decision of Human Rights Commission to [...]

OVERVIEW 'Discrimination and collective action - cross-cutting themes in cyberspace'1 is how the Quebec Court of Appeal captioned the recent decision of Beaulieu v. Facebook Inc., 2022 QCCA 1736. The [...]

There is well-established jurisprudence concerning an employer's authority to impose a drug and alcohol testing policy where the employee could face disciplinary consequences for non-compliance with the policy. The starting [...]

On October 28, 2022, the Canadian Human Rights Commission (Commission) announced that it had updated its Complaint Rules (Updated Rules). The Updated Rules apply to all complaints received after October [...]

Is your use of facial recognition technology in line with the evolving legal landscape? While official regulation of these technologies are scarce - new guidance and recent developments are telling [...]

The Trudeau government went into the election last fall with two promises about 'protecting Canadians from online harms.' Having won re-election, they've discovered that doing so is easier said than [...]

Last year, on the final day that the House of Commons sat before rising for the summer, the Trudeau government tabled a bill that would have allowed the Canadian Human [...]

On April 27, 2022, in Canada Post Corporation v. Canadian Union of Postal Workers (Canada Post), Arbitrator Thomas Joliffe, Q.C. dismissed a union grievance disputing that the unilateral imposition of [...]

In Lewis v. WestJet Airlines Ltd, 2022 BCCA 145 ('Lewis'), the British Columbia Court of Appeal confirmed every factor in s. 4(2) of the Class Proceedings Act ('CPA') must be [...]

In Chowdhury v. Her Majesty the Queen in Right of Ontario, 2022 ONSC 991, the plaintiff commenced a civil action in Ottawa against Her Majesty the Queen in Right of [...]

Byline: ANDREW COYNE, Staff Lead In Canada (Human Rights Commission) vs. Taylor, its 1990 ruling upholding Section 13 of the Canadian Human Rights Act as a constitutionally valid limit on [...]

Byline: IAN BAILEY, COLIN FREEZE Lead The Liberal government has announced new legislation meant to curb hate speech that ministers said could set the stage for other bills in the [...]

Byline: KRISTY KIRKUP, Staff OTTAWA -- Lead Two orders from a human rights tribunal on discrimination against Indigenous children are unreasonable, a lawyer for the Attorney-General of Canada said on [...]

Byline: KRISTY KIRKUP, Staff Lead The federal government faced criticism on Tuesday from a First Nations advocate and the NDP for seeking a judicial review of a decision from the [...]

Overturning an earlier decision, an Ontario Court has ruled that permanent residency status does not have the same protection under the Canadian Human Rights Code as citizenship. In a 2-1 [...]

Language evolves to fit social needs. With growing public demand for gender equality and recognition of diverse gender identities, there is an increasing practical and ethical argument for gender-neutral writing. [...]

With a simple swab, a person can learn about their ancestry, connect with family members they never knew existed, and discover which traits they are predisposed to. Importantly, they can [...]

Canadian employers are increasingly required to balance their duty to maintain a safe working environment with the duty to accommodate the use of medical marijuana in the workplace. Last year, [...]

Originally written for and posted by the Ontario Brain Injury Association (OBIA)Individuals with acquired brain injuries face a number of challenges in their daily lives, including challenges surrounding employment. Whether [...]

Four New Grounds of Discrimination Put ForthHistoryIn 2016, Private Members' Bill 30 was introduced to include genetic characteristics as a prohibited ground of discrimination.In 2017, Private Members' Bill 164 was [...]

Last month, human rights issues hit the headlines as former employees of IBM Corp. have filed a class action lawsuit in the United States alleging age discrimination. The former employees [...]

The Supreme Court of Canada's (SCC) split decision in Canada (Canadian Human Rights Commission) v. Canada (Attorney General) (the Decision), issued June 14, 2018, is the latest indication that the [...]

Is it possible for an employer's post-employment conduct to constitute discrimination? In BJ Simon and S Simon & Yukon Human Rights Commission v Rhonda Sallows, Owner, White Tornado Cleaning Services, [...]

Previously printed in the LexisNexis Labour Notes Newsletter. The Federal Court of Appeal recently overturned a decision of the Public Service Labour Relations and Employment Board (the 'Board') concerning the [...]