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Human Rights Law

Category: Human Rights Law

Dunsmuir Affects the Administrative Tribunals Act

by Johannes Schenk / On April 25, 2008 / In Employment Law, Human Rights Law, Labour Law, Municipal Law
The ATA dictates procedure and standards of review for many BC tribunals. Interesting question is how the Dunsmuir case affects statutorily prescribed standards of review. Now you have your answer in, Howe v. 3770010 Canada Inc., 2008 BCSC 330. The…

Search and Seizure: Sniffer Dogs

by Johannes Schenk / On April 25, 2008 / In Employment Law, Human Rights Law, Labour Law, Municipal Law
The Supreme Court of Canada released two important decisions concerning search and seizure using sniffer dogs that will no doubt affect the way employers can search employee property and "private spaces" such as bags, knapsacks, locker spaces, change rooms, cars…

Workers Compensation and OH&S Article

by Johannes Schenk / On April 24, 2008 / In Employment Law, Human Rights Law, Labour Law
See this interesting CBC article on a host of topical workplace health and safety issues.

Testing for Ethanol Impairment

by Johannes Schenk / On April 17, 2008 / In Employment Law, Human Rights Law, Labour Law
While we are on the issue of drug testing, the Supreme Court of Canada has come out with a very important decision dealing with evidence to the contrary in impaired driving cases, R. v. Gibson, 2008 SCC 16. The case…

Imperial Oil Random Drug Testing

by Johannes Schenk / On April 17, 2008 / In Employment Law, Human Rights Law, Labour Law
Last year I had referred to Arbitrator Picher's decision on Imperial Oil's drug testing policy that ruled that random testing for cannabis impairment using a mouth swab was not acceptable. The review of that decsion has now made its way…

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