Resources: Privacy + FOI
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Bill C-27: Summary of Key Proposed Changes
September 29, 2022
On June 16, 2022, the federal government introduced Bill C-27, “An Act to enact the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act and the Artificial Intelligence and Data Act and to make consequential and related amendments to other Acts.”
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Bill C-27: Summary of Key Proposed Changes -
Bill C-27: Federal Government Introduces Legislation Overhauling Canada’s Federal Privacy Laws
June 20, 2022
On June 16, 2022 the Minister of Innovation, Science and Industry François-Philippe Champagne and the Minister of Justice and Attorney General of Canada David Lametti introduced Bill C-27, the Digital Charter Implementation Act (the “Act”). Bill C-27 is an update to Bill C-11, the Digital Charter Implementation Act, introduced in 2020. As it currently stands, the Act proposes to enact three new pieces of federal legislation.
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The Anti-Racism Data Act and the Changing Approach to Data Privacy
May 17, 2022
B.C.’s privacy legislation has typically meant that employers have avoided or limited the collection of demographic data from applicants and employees. However, the Province’s recent introduction of the Anti-Racism Data Act signals that change is coming, specifically at the intersection between privacy and human rights law. Employers in British Columbia will want to monitor this evolving approach to privacy and data management.
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There’s an App for That!
April 5, 2022
Many of us use applications (apps) in our daily lives – but what happens when an employer uses an app to manage its workforce?
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There’s an App for That! -
Is a Complainant No Longer Required to Show that Conduct was “Objectively Unwelcome” to Substantiate a Claim of Sexual Harassment?
March 31, 2022
In the recent decision of Ms. K. v. Deep Creek Store and another, 2021 BCHRT 158, the BC Human Rights Tribunal (the “Tribunal”) declined to follow a long line of human rights case law which requires a complainant to show that conduct was “objectively unwelcome” to substantiate a claim of sexual harassment.
This decision represents a break from the established jurisprudence and should be of interest to employers faced with a claim of sexual harassment in the workplace.
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Is a Complainant No Longer Required to Show that Conduct was “Objectively Unwelcome” to Substantiate a Claim of Sexual Harassment? -
Is This Thing On?: Surreptitious Recording Can Constitute Just Cause for Dismissal
March 17, 2022
Your employee places their cellphone on the table as they sit down for the meeting, angling it slightly towards you. You wonder – is this meeting being recorded?
The ubiquity of cellphones means that HR professionals should assume all conversations with employees are being recorded. But are there any consequences for employees who secretly record conversations with colleagues?
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Insolence, Insubordination and After-Acquired Evidence of Just Cause
March 11, 2022
On November 9, 2021, the B.C. Supreme Court released its decision in the case of Golob v. Fort St. John (City), 2021 BCSC 2192.
The case concerned a wrongful dismissal claim against the City of Fort St. John by its former Deputy Fire Chief.
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Insolence, Insubordination and After-Acquired Evidence of Just Cause -
Clarification to Law of Employee Surveillance
March 2, 2022
Elevator law, according to one colleague and despite our best attempts to intervene, has its ups and downs. It has a unique set of characteristics, including its own elevator union (the International Union of Elevator Constructors (IUEC)), industry-specific collective agreements and a workforce of largely independent technicians.
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Can I Quit and Start Competing: Dispute Born of Competing Fertility Clinics
December 17, 2021
Genesis Fertility Inc. v. Yuzpe 2021 BCCA 420 has it all: intrigue, betrayal and even a “shotgun.” In addition, it has some useful takeaways for employers who are navigating employee relations in times of significant organizational change.
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Can I Quit and Start Competing: Dispute Born of Competing Fertility Clinics -
Arbitrators Consider Vaccination Policies
December 7, 2021
In the past few weeks, arbitrators have begun to issue decisions considering the reasonableness of COVID-19 vaccination policies in unionized workplaces. The following three decisions out of Ontario provide some key takeaways for employers.
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Arbitrators Consider Vaccination Policies