The Privilege of Blogging?

Posted by Admin on April 29th, 2008 — Posted in Uncategorized

It never crossed my mind that blogging could get you into so much trouble or that it could be so inaccessible.

See this article about Cuban Bloggers. Restricted internet access, sneaking into hotels to log on, $6.00 for an hour long logon on a $20.00 per month salary, jail time for breaking the “rules”?

And no judiciary, lawyers, constitution …

You Thought You Had a Bad Day

Posted by Johannes Schenk on April 27th, 2008 — Posted in Human Rights Law

See this Washington Post article about the Saudi Blogger who was in jail for four month without charge.

Dunsmuir Affects the Administrative Tribunals Act

Posted by Johannes Schenk on April 25th, 2008 — Posted 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 Court determined that section 58(2)(a) (patently unreasonable) applied to the tribunal in question and proceeded to reconcile the ATA mandated review standard on the analysis in Dunsmiur. The result being that the tribunal’s decision was reviewed on a reasonableness standard.

Search and Seizure: Sniffer Dogs

Posted by Johannes Schenk on April 25th, 2008 — Posted 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 in parking lots and other like places and items.

See R. v. A.M., 2008 SCC 19 and R. v. Kang‑Brown for searches involving sniffer dogs in a school and a bus depot.

Workers Compensation and OH&S Article

Posted by Johannes Schenk on April 24th, 2008 — Posted in Employment Law, Human Rights Law, Labour Law

See this interesting CBC article on a host of topical workplace health and safety issues.