...Online Anonymity: A Canadian Perspective This paper discusses the methods Canadian law enforcement and national security agencies may use to intercept communications traffic and request the identification of online users from Internet Service and Content Providers under the current Canadian data preservation orders at the federal and provincial level. The safeguarding of online privacy against state intrusion has been of particular concern to the Canadian courts in determining the validity of surveillance measures, due to the inequality of power in the relationship between citizens and the state, and the resultant vulnerability of individuals to state abuses of power. The Canadian Supreme Court has specified three types of privacy: territorial, physical and informational. The Court accepted that the idea of online privacy derives from the presumption that all online data about a person is in a fundamental way, his own. 'privacy, including online privacy, is grounded in man's physical and moral autonomy and is essential for the well-being of the individual'.1 In Lawson Hunter et al. v. Southam Inc., 2 the Supreme Court declared that a major purpose of the constitutional protection against unreasonable search and seizure under section 8 of the Charter of Rights and Freedoms 3 was the protection of the privacy of the individual. The case included a constitutional challenge to a search ordered under the Competition Act4. The Court concluded that to validate the constitutionality...
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...CHAPTER 2 THE CHANGING LEGAL EMPHASIS: COMPLIANCE AND IMPACT ON CANADIAN WORKPLACES LEARNING OUTCOMES 1. EXPLAIN how employment-related issues are governed in Canada. 2. DISCUSS at least five prohibited grounds for discrimination under human rights legislation and DESCRIBE the requirements for reasonable accommodation. 3. DESCRIBE behaviour that could constitute harassment 4. EXPLAIN the employers’ responsibilities regarding harassment. 5. DESCRIBE the role of minimums established in employment standards legislation and the enforcement process. 6. DISCUSS HR’s role in ensuring compliance with employment legislation in Canada. REQUIRED PROFESSIONAL CAPABILITIES ❖ Identifies and masters legislation and jurisprudence relevant to HR functions ❖ Ensures that the organization’s HR policies and practices align with human rights legislation ❖ Promotes a productive culture in the organization that values diversity, trust, and respect for individuals and their contributions ❖ Assesses requests for HR information in light of corporate policy, freedom of information legislation, evidentiary privileges, and contractual or other releases ❖ Contributes to the development of information security measures issues CHAPTER SUMMARY This chapter focuses on the legal environment in Canada. It discusses the multiple overlapping pieces of legislation that attempt to balance employee and employer rights when it comes...
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...causation which is the relationship between the conduct and result. To demonstrate causation in law of tort the plaintiff must establish that the lost they have suffered was caused by the defendant which is established by the use of the ‘but for’ test. The “but for” test is defined as an act from which harm is to come about because of a natural, immediate and continuous outcome in which without it the harm won't have happened. In Barnett v Chelsea & Kensington Hospital Management Committee (1969), the judge Lord hope said that even if the deceased was examined and treated with proper care, it would have been impossible to save his life. Cheerful finance suffered losses by Tang Partners mistake in inaccurately auditing Great investments accounts. Applying the “but for” test, Tang partner should be liable to compensate Cheerful finance for the loss they have suffered. However, there is another aspect to the issue is the reasonable reliance of cheerful finance in relying on the audited accounts prepared by Tang partners. Reasonable reliance is defined as what a judicious individual would accept and follow up on if told something by another. In Canadian Imperial Bank of Commerce v Deloitte & Touche (2015), Justice Perell of the Ontario Superior Court of justice said that the threat of uncertain obligation can be expelled when the accountant knows the identity of the person or group of persons who are sensibly depending on the information given by the accountant and the information...
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...Osler, Hoskin & Harcourt llp Doing Business in Canada Doing Business in Canada Osler, Hoskin & Harcourt llp first produced Doing Business in Canada in 1997 and this guide continues to be one of our most popular and respected publications. Laws change and evolve and to ensure the information is current, we review the guide regularly. Doing Business in Canada Doing Business in Canada is designed to give business executives, counsel and potential investors from foreign countries a concise overview of Canada’s legal and economic framework and key business legislation. For those looking to pursue business opportunities in Canada, this guide outlines several unique aspects of doing business in Canada, including French language requirements in the province of Québec as well as overlapping regulatory jurisdiction among various levels of government in certain areas of the law. With few exceptions, the same considerations apply to Canadians who live, work and conduct business in Canada. Despite the ongoing harmonization of many areas of Canadian business law with those of our major trading partners through international agreements, addressing distinctly Canadian business law requirements is a crucial consideration when entering the Canadian marketplace. Each chapter is designed to assist you with an overview of that particular subject and the laws most likely to affect your business decisions. Beginning with an introduction to Canada’s legal system as it applies to businesses...
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...On Reasonable Accommodation INTRODUCTION Our modern society has long been governed by classic liberal notions advocated by thinkers such as John Stuart Mill and John Locke, Emmanuel Kant. A traditional conception of equality is generally prioritized in their work, outlining a highly formal approach premised on uniform treatment, colour-blindness and an emphasis on the Rule of Law. However, in the contemporary context of today, such an ideological hope tends to play the role of the ignorant fool, who disregards the complexity of our society. We are in need of a system that opens its eyes, stops hiding behind a “veil of ignorance” (Sandel, 1998:24) and adopts a more flexible approach. The Bouchard – Taylor Commission demonstrates exactly this notion. This essay will argue in favour of one of the major claims made by Gerard Bouchard & Charles Taylor, that reasonable accommodation, in essence a more substantive equality perspective is a necessary, if not mandatory approach that a multicultural society is in dire need of adopting, clarifying and deeply enforcing. I will discuss the logic and rational that underpins harmonization measures by exploring how social norms & ideologies have played an especially important role is systemic discrimination, then, how Canadian Law and legal institutions have played a role in constructing and maintaining racial stereotypes, and then, how the media plays an especially vital role in further denouncing minority groups. I will then provide...
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...is a controllable cost * Tax cost = cost of doing business * Analyzed to determine which actions or activities have a greater/lesser impact on the resulting tax cost * Each alternative= different impact on the amount of tax and the timing of the payment of tax * Even if marketing decision = direct effect on the long term tax cost of the firm → thus on profits and value * Tax= important on any decision making * Tax costs are relevant when alternative strategies are being considered * Cash flow (CF) exists only on an after-tax basis * All CF= after tax * NPV compared and ranked * Shows the actual value of the individual/corporation * Analysis can’t be of value unless the real tax impact is included * Alternative action to minimize the tax impact * After tax = % of interest x (1 – Tax rate) * 5% dividend on the equity of a “public corporation” = not deductible to the business → after tax = 5% (real cost) * Net value to individual investor subject to 45% tax rate = 3.6% (after applying dividend tax credit) The fundamental income tax structure and its complexity Taxpayers * Individuals * Corporations * Trusts | Business & investment structures * Proprietorship * Corporation * Partnership * Limited partnership * Joint venture * Income trusts | Types of income * Employment * Business * Property * Capital gain * Others | Tax jurisdictions...
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...policy Branch o the department of finance: responsible for the development and evaluation of federal taxation policies and legislation. Canada Revenue Agency: actual collection of taxes and interpretation of tax law Tax payable by persons resident in Canada: An income tax shall be paid … on the taxable income for each taxation year of every person resident in Canada at any time in the year. Persons: including corporations and anybody representing such persons. (Individuals, corporations, and trusts that represent individuals or corporations.) Full time resident: are subject to tax on their worldwide income throughout the entire calendar year. All domestic and foreign sources of income, including capital gains, must be included in the computation of net income. Non-resident person: may be subject to tax only if he was employed in Canada, carried on a business in Canada or disposed of a taxable Canadian property. The tax liability for the non-resident person would be calculated on the income from these items only, not on world income. Deemed resident: ▪ Sojourning in Canada for 183 days or more in a year ▪ Being a member of Canadian forces ▪ Performing services outside Canada under an international assistance program of the Canadian International Development Agency, if the individual was resident in Canada at any time during the three months prior to the day the services commenced; and ▪ Being an officer or servant of Canada or province...
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...Assessment #2 Questions 1.) Is Mr. Alpert obligated to keep the offer open until the specified time? What could Ms. Burke have done to better protect her position? (3 marks) No, R. Alpert is not obligated to keep the offer open if he has received another offer to purchase before the offeree (J.Burke) has accepted it. As specifically stated in the written offer, “I hereby agree to sell to J. Burke my entire fleet of Rolls Royce automobiles for the sum of $1 million. This offer is open until Monday, September 21, at 9:00 a.m.” The offer is a tentative commitment on the part of the person making it. It is only until the other party accepts (the offeree) that the offer becomes contractual and there is an actual binding legal agreement and obligation for R. Alpert to sell only to J. Burke until the stated deadline. The textbook illustrates a perfect example of a very similar scenario in the Dickinson v. Dodds case when Dodds made an offer to sell to Dickinson for $800 and said “this offer to be left over until Friday 9:00 a.m.” There is a clear illustration that there was an open offer and a certain time frame for the offer to be accepted is clearly stated. The case is very important because it truly demonstrates the nature of an offer and the effectiveness of accepting an offer. R. Alpert had the freedom to withdraw at anytime before it was accepted. The Dickinson v. Dodds case also had a similar scenario where Dickinson indirectly found out about the sale of the property...
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...Environment | Bullying in the Workplace | The law, its implications, and the future | For: Bob Thompson | By: Anthony DeRose Mike MortonPerna CaputoSaralyn ManzanoTara Knight | 3/24/2015 | | Bullying in the workplace is a serious issue and more prevalent than ever. The University of Windsor’s Odette School of Business in 2011 found 40% of Canadians experience one or more acts of workplace bullying a week. The Canadian Safety Council reports that 75% of victims quit (CBC News). Not only does workplace bullying have serious negative consequences for an individual’s career, it can have a devastating impact on mental and physical health. The damages associated with bullying are exemplified in the following. The legislation in Canada that protects workers from bullying is in its infancy. It does not use the term bullying at any point. Victims of bullying can receive remediation through the common law and statutes. However, as Human Resources Professionals it is our legislated duty to provide safe workplaces for the employees we manage. Additionally, our responsibility is to mitigate the costs of litigation posed by bullying. Proactive HR policies that emphasize education and open communication, combined with legislation that deters this negative pattern of behaviour will help to minimize this risk and associated expenses. ------------------------------------------------- What is workplace bullying? According to the Canadian Centre for Occupational Health and Safety...
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...Case Study – Cybercrime International Centre for Criminal Law Reform and Criminal Justice Policy 1822 East Mall, Vancouver British Columbia, Canada V6T 1Z1 Tel: 1 (604) 822-9875 Fax: 1 (604) 822-9317 Email: icclr@law.ubc.ca www.icclr.law.ubc.ca Case Study – Cybercrime By Annemieke Holthuis Counsel Criminal Law Policy Section Department of Justice Canada Case Study prepared for Co-Teaching at the National Prosecutors College Beijing China November-December 2006 As part of the International Centre for Criminal Law Reform and Criminal Justice Policy (ICCLR) and GeoSpatial SALASAN Programme: The Canada China Procuratorate Reform Cooperation Project, supported by the Canadian International Development Agency 2 Case Study - Cybercrime Public concern about the incidence of child pornography on the Internet is increasing in British Columbia. The police decide to crack down and seek the help of members of the public and Internet Service providers like XYZ Corporation. Brian, a concerned citizen and the divorced father of a young girl, contacts police expressing concerns about his roommate Dwayne. Dwayne is always on the computer and he has no idea what Dwayne is doing. Dwayne’s door is always locked and Dwayne won’t let Brian borrow the computer, even to send a quick e-mail. Lately, Dwayne acts more strangely than ever. Brian said that he didn’t know what it is but he’s no longer comfortable bringing his daughter home when Dwayne was there. Brian mentions...
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...CANADIAN TIRE CORPORATION, LIMITED 2012 Annual Information Form February 21, 2013 ANNUAL INFORMATION FORM CANADIAN TIRE CORPORATION, LIMITED TABLE OF CONTENTS 1. 2. Corporate Structure Description of the Business 2.1 Retail Business 2.2 Financial Services Business 2.3 Seasonality of the Business 2.4 Intangible Properties 2.5 Economic Dependence 2.6 Lending 2.7 Financing of the Business 2.8 Risk Factors 2.9 Employees 2.10 Social and Environmental Policies General Development of the Business 3.1 Retail Business Developments 3.2 Financial Services Business Developments 3.3 Other Business Developments Capital Structure 4.1 Description of Capital Structure 4.2 Market for Securities Dividends Security Ratings Transfer Agents and Registrars Directors and Officers Interests of Experts 1 1 2 10 11 12 12 13 13 13 15 15 16 16 21 21 23 23 24 25 26 27 27 32 32 33 i 3. 4. 5. 6. 7. 8. 9. 10. Legal Proceedings and Regulatory Actions 11. Additional Information ANNEX A – Audit Committee Mandate and Charter Certain brands mentioned in this report are the trade-marks of Canadian Tire Corporation, Limited, Mark’s Work Wearhouse Ltd., FGL Sports Ltd. or used under license. Others are the property of their respective owners. CAUTIONARY NOTE REGARDING FORWARD LOOKING INFORMATION This Annual Information Form, and the documents incorporated by reference herein, contain forward-looking information that reflects management’s current expectations related to matters such as future...
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...AN ESSAY WRITING ON SOLVING A WORKPLACE PROBLEM SUBMITTED AS PART OF THE CURRICULUM For THE LEGAL ENVIRONMENT (HRM 855) At SENECA COLLEGE OF APPLIED ARTS AND TECHNOLOGY TORONTO, ONTARIO CANADA By OLAMIDE ESTHER OLASEHINDE 055-962-138 18TH NOVEMBER, 2013 4,970 Words In this case I will be examining and provide possible solutions to a workplace problem On this day “2nd of April 2012”, walking into my office as the human resources personnel of Statham (a private) Manufacturing Company that deals with consumable-livestock products ranging from fish, meat located at Markham Ontario, an employee by name “Adam Jones” came lodging a complain that he sees to be of disturbing concern to him. Adam Jones, a 45 years old man from a Christian background was hired on the 6th of January 1997 and has been working for the company for 15 years. He started as a low level plant worker but has received lots of appraisals and due to his good performance. The new manager Grey wood who prefers to be called Mr. Wood was appointed into the company on 2nd December 2011 as the senior manager replacing the former manager who left the company to head a newly established branch. Adam as he is generally referred to by other co-workers was promoted to the main production section of the company with the newly appointed senior manager named “Grey Wood” who seems to have shown disgust to Adam right from the first day he came in contact with him at the company and this was...
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...What is the ruling? Ratio decidendi: What are the reasons for the decision? What laws are applied? This can be applied to future cases (and exams). Law vs. Ethics Ethics are voluntary rules of behaviour; Designed to create conditions allowing people to live a good life; Laws are coercive rules on conduct; Imposed on society through the social contract; Origin of ethics Jeremy Benthem (18th century). Utilitarianism – political and social institutions (law) should be used to maximum utility. Maximize pleasure and minimize pain. John Stuart Mill (19th century). Actions are wrong if they produce unhappiness. Actions are right if they produce happiness. Contrast to Nicolo Macchiavelli; the end justify the means. Illegal but Ethical Marijuana is an illegal narcotic; Marijuana is no longer frowned upon; Legal but Unethical Abortion; - Ban on abortion overturned by the Supreme Court; No law on the books today; Abortion is only regulated by ethical considerations; Doctors may refuse abortions for religious or conscientious reasons; British Columbia may pass a law to forbid it; Article 6, CIVIL CODE A codification of the basic principle of ethics; We must act in good faith in our relationships: i.e. contracts; Strategic Lawsuits Against Public Participation (SLAPP lawsuit) Business Ethics How should managers and employees act in the business environment? Are ethics enough incentive? Business Ethics: Pros Expectations of society create pressures; Social problems...
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...1) There are four major types of legislation that affect recruitment and selection in a non-unionized workplace within Saskatchewan. Those types of legislation being: • Constitutional law • Human Rights law • Employment Equity legislation and • Labour law/employment standards and related legislation. Constitutional law as a whole is the supreme law of Canada and has precedence over all other legal means; it consists of a series of Acts and orders passed since 1867 by the British and Canadian Parliaments. Sections 1 – 34 of Part 1 of the Constitution Act of 1982 are called the Canadian Charter of Rights and Freedoms. Constitutional law does not directly affect recruitment and selection activities unless the recruitment and selection practices are challenged in a Human Rights Tribunal or court. Constitutional law sets limits and conditions on what federal, provincial/territorial, and municipal governments and courts can legally do to alter employment policies and practices. Therefore, the interpretation of constitutional law has a substantial influence on every aspect of Human Resource Management not just Recruitment & Selection practices and programs. Human Rights laws across Canada prohibit discrimination in both employment and the provisions of goods and services. Grounds on which discrimination is prohibited in Saskatchewan are: • Race or colour • Religion • Physical or mental disability • Age • Sec (includes pregnancy and childbirth) • Marital status ...
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...OF LAW Jurisdiction: a geographical area that uses the same set of laws (Quebec has a civil law jurisdiction compared to the common law jurisdiction that the rest of Canada has) PUBLIC LAW Constitutional Law: basic rules of the political and legal systems Administration Law: creation and operation of administrative agencies and tribunals Criminal Law: offences against the state Tax Law: rules that are used to collect money for the purposes of public spending PRIVATE LAW: 1. Law of Torts: A tort is a private wrong Split into three categories: intentional torts (assault or false imprisonment), business torts (deceit and conspiracy), and negligence (when one person carelessly hurts another) 2. Law of Contracts: Concerned with the creation and enforcement of agreements Example: contracts are used in "the sale of goods", "the use of negotiable instruments (i.e. cheques)" 3. Law of Property: Concerned with the acquisition, use, and disposition of property Split into three categories: real property (land, and things attached to land), personal property (things that can be moved from one place to another), and intellectual property (things that consist of original ideas (patents and copyrights) "the law of succession": distribution of a person's property after death "the law of trusts": when one person holds property on behalf of another SOURCES OF LAW: 1. Constitution: the document that creates the basic rules for Canadian society ...
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