Uber v Heller and the Prospects for a Transnational Judicial Dialogue on the Gig Economy – II
In the coming days, labour lawyers from around the world will be tuning in to watch the arguments in Uber v Aslam. In terms of the wider ramifications of the...
Uber v Heller and the Prospects for a Transnational Judicial Dialogue on the Gig Economy – I
Across the world, Gig employers are now facing a legal reckoning in the highest courts. On 21st July, the issue of whether Uber drivers are ‘workers’ will be considered by...
COVID and the Constitution: Breaking Down Canada’s First Pandemic Charter Challenge
On May 5th Newfoundland and Labrador (NL) adopted the strictest pandemic border restrictions in Canada. Through Bill 38, all non-residents were barred entrance into the province. The law included exceptions...
Does State laicity in Québec breach gender equality?
The ongoing debate on State laicity in Québec recently took a new twist before the courts. Shortly after the enactment of the new Act respecting the laicity of the State,...
Foodora Couriers are ‘Dependent Contractors’ Rules Ontario Labour Relations Board
In August 2019, couriers working for Foodora Inc. (Foodora), a web services company that provides an online marketplace platform connecting consumers to restaurants, voted on whether to join the Canadian...
Vaccines and the Notwithstanding Clause: an Unnecessary Creation of a Dangerous Precedent
On November 22, 2019, the provincial government of New Brunswick (Canada) announced it would be employing the notwithstanding clause for the first time. This follows the most recent and public...
Canada’s Notwithstanding Clause: An Overlooked Threat to Minority Rights
The notwithstanding clause, also referred to as section 33 of Canada’s Constitution, has been described as a ‘uniquely Canadian invention’. This clause provides provincial and federal legislatures the ability to...
Prorogation: A View from Canada
Just over a decade ago, large numbers of Canadians turned to Google’s search engine’s algorithm to shed light on a political crisis named after a parliamentary procedure most people had...
Canadian Children have a Reasonable Expectation of Privacy at School
In R. v. Jarvis, the Supreme Court of Canada confirmed that children can reasonably expect that they will not be the subject of surreptitious recording by their teachers at school....
Should Canadian Citizens Abroad have an Unfettered Right to Vote?
Canadian citizens who have resided abroad for five years or more did not have the right to vote in a federal election unless and until they resumed residence in Canada....
Canadian Supreme Court Deeply Divided on Religious Freedom in Faith-Based Law School Cases
Earlier this summer, the Supreme Court of Canada (SCC) wrote the final chapter of a years-long saga concerning the fate of a proposed law school at Trinity Western University (TWU),...
The Supreme Court of Canada Expands the Scope of Employment Discrimination
In December 2017 the Supreme Court of Canada released an important decision regarding the scope of discrimination “regarding employment” under provincial human rights legislation, in British Columbia Human Rights Tribunal...