Law Commons^™

Re Aliant Telecom Inc And Ac & Twu (Macdonald), Innis Christie

Innis Christie Collection

Union Grievance 04-01, dated July 21, 2004, on behalf of the Grievor, Robert MacDonald, alleging that the Employer discharged the Grievor in violation of Article 2.1 of the Collective Agreement between the parties effective January 1, 1999 — January 1, 2002, which the parties agree is the Collective Agreement applicable here. At the outset of the hearing in this matter the parties agreed that I am properly seized of it, that I should remain seized after the issue of this award to deal with any matters arising from its application and that all time limits, either pre-or post-hearing, are waived. …

Re Sisters Of Saint Martha And Caw, Local 2017, Innis Christie

Innis Christie Collection

The Grievor believes the Employer should apply the terms of the Labour Standards Code, instead of the less generous Collective Agreement, regarding holiday pay. The Employer paid holiday pay according to the Agreement and believes the grievance should be dismissed.

The grievance fails. The Code does not apply to the employees under the Agreement.

Re Provincial Health Services Authority And Peiupse, Innis Christie

Innis Christie Collection

Grievance by the Union alleging wrongful dismissal of the Grievor, based on allegations of physical abuse of a patient in one of the Employer's health care facilities. The Union has requested pre-hearing production of various documents in the medical file of the patient who made the allegations. The Employer has refused production based mainly on the P.E.I. Mental Health Act, R.S.P.E.I. 1988, c. M-6.1. The parties have agreed that the whether the Employer can and should be ordered to produce the documents in issue is to be decided by the Chair of the Board of Arbitration estab­lished to deal with …

Re Provincial Health Services Authority And Cupe, Loc 805, Innis Christie, B Crockett, S Robinson

Innis Christie Collection

Grievance by the Union alleging breach of Article 20.1, and any other applicable articles, of the Collective Agreement between the Union and the Employer effective April 1, 2001 - March 31, 2004, which the parties agreed is the Collective Agreement that governs this matter, in that, when Ronald Smith, a Physio Aide, retired the Employer failed to post that position.

Re Provincial Health Services Authority And Peiupse, Innis Christie

Innis Christie Collection

Grievance by the Union alleging wrongful dismissal of the Grievor, based on allegations of physical abuse of a patient in one of the Employer's health care facilities. The Union has requested pre­hearing production of various documents in the medical file of the patient who made the allegations. The Employer has refused pro­duction based on the P.E.I. Mental Health Act, R.S.P.E.I. 1988, c. M-6.1. The parties have agreed that the issue of whether the Employer can and should be ordered to produce the documents in issue is to be decided by the Chair of the Board of Arbitration estab­lished to deal …

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

A previous Grievance which alleged improper staffing was successful and resulted in an Award which required that the affected employees receive an offer for the positions they would have had if filled properly. The Arbitrator retained jurisdiction regarding the implementation of the Award. A subsequent hearing regarding the Grievor resulted in an order to offer her the position she had been denied. The Grievor accepted the position, but with her own conditions. This hearing is to consider if she accepted the position or, by adding conditions, rejected the offer.

When Will We Have Cross-Border Licensing Of Copyright And Related Rights In Europe?, Lucie Guibault

Articles, Book Chapters, & Popular Press

In Europe, much has been written recently about the collective management of copyright and related rights. April 2004 saw the publication of the European Commission’s Communication to the Council and the European Parliament on the Management of Copyright and Related Rights in the Internal Market.1 This communication confirms the Commission’s intention to adopt, in the not too distant future, a directive on the governance of the societies for collective management of copyright and related rights (collecting societies) in Europe. In addition to describing the current situation in the area of collective management of copyright and related rights in the European …

A Brave New World Of Criminal Justice: Neil Gerlach's Genetic Imaginary, Stephen Coughlan

Articles, Book Chapters, & Popular Press

In this well written and intriguing book, Neil Gerlach asks why the criminal justice system has accepted DNA evidence in much the same way that our Anglo-Saxon predecessors accepted trial by ordeal. Why have we not instead shown the same caution we show polygraph evidence? To be sure, he does not present the issue in those terms, and might shudder at the analogy. Still, the central issue he pursues in the book is the question of how DNA evidence has managed to assume its current aura of infallibility, as evidence which is somehow uniquely objective and "true": how it has …

Nothing Plus Nothing Equals... Something? A Proposal For Flir Warrants On Reasonable Suspicion, Steve Coughlan, Marc Gorbet

Articles, Book Chapters, & Popular Press

Over a series of decisions, the Court has been backing itself into a corner with its section 8 jurisprudence. Section 8 protects against unreasonable searches. Since the earliest ruling on the section in Hunter v. Southam} searches are prima facie unreasonable if they take place without a warrant. Thus, before conducting a search, police must have a warrant. Before getting a warrant, police must have information about the accused. Obtaining information about the accused probably involves conduct that qualifies as a search. Thus for example in K. v. Kokesch, R. v. Wiley, and R. v. Plant, perimeter searches, conducted in …

Why Restorative Justice Is Not Compulsory Compassion: Annalise Acorn's Labour Of Love Lost [A Review Of 'Compulsory Compassion: A Critique Of Restorative Justice,' Annalise E. Acorn (Vancouver: University Of British Columbia Press, 2004)], Bruce P. Archibald

Articles, Book Chapters, & Popular Press

Annalise Acorn has produced an immensely engaging book about love, sexuality and law, written with verve and elan; however, it paints a hugely misleading picture of restorative justice that could be seriously damaging to what is arguably the most significant development in criminal justice since the emergence of the nation state. Restorative justice is changing the nature of criminal justice systems the world over. The Canadian criminal justice system is a leader in this regard, though it is far from being alone. Simplistic and dysfunctional systems of punitive criminal justice are being altered and supplemented by restorative programs that are …

When Will We Have Cross-Border Licensing Of Copyright And Related Rights In Europe?, Lucie Guibault

Articles, Book Chapters, & Popular Press

In Europe, much has been written recently about the collective management of copyright and related rights. April 2004 saw the publication of the European Commission’s Communication to the Council and the European Parliament on the Management of Copyright and Related Rights in the Internal Market. This communication confirms the Commission’s intention to adopt, in the not too distant future, a directive on the governance of the societies for collective management of copyright and related rights (collecting societies) in Europe. In addition to describing the current situation in the area of collective management of copyright and related rights in the European …

A Constitutional Defence Of The Federal Ban On Human Cloning For Research Purposes, Jocelyn Downie, Jennifer Llewellyn, Françoise Baylis

Articles, Book Chapters, & Popular Press

Parliament's prohibition on cloning in the Assisted Human Reproduction Act has led to divergent views on the validity of the legislation. This article responds to an article in volume 29, no. 2 of this journal by Barbara Billingsley and Timothy Caulfield, who suggested that the federal ban would likely not survive a Charter challenge. Billingsley and Caulfield argued that scientific experiments are expressive acts, deserving of protection under section 2(b) of the Charter, which guarantees freedom of expression. In their view, both the breadth of the legislative objective and the proportionality of the measure would preclude the courts from finding …

A Brave New World Of Criminal Justice: Neil Gerlach's Genetic Imaginary, Steve Coughlan

Articles, Book Chapters, & Popular Press

In this well written and intriguing book, Neil Gerlach asks why the criminal justice system has accepted DNA evidence in much the same way that our Anglo-Saxon predecessors accepted trial by ordeal. Why have we not instead shown the same caution we show polygraph evidence? To be sure, he does not present the issue in those terms, and might shudder at the analogy. Still, the central issue he pursues in the book is the question of how DNA evidence has managed to assume its current aura of infallibility, as evidence which is somehow uniquely objective and "true": how it has …

Conflicting Stories And Reasonable Doubt: Variations On W. (D.)'S Theme, Steve Coughlan

Articles, Book Chapters, & Popular Press

Whether the guilt of an accused has been proven beyond a reasonable doubt is always a difficult issue, particularly so when the accused has testified. There is little difficulty when an accused's exculpatory testimony is accepted by the trial judge, since that of course leads unambiguously to an acquittal. More complex is the situation where a trial judge does not simply accept the accused's version of events — that is, most of the time. In those circumstances, trial judge must embark down the twisty road of deciding whether disbelieved testimony can nonetheless result in an acquittal, or alternatively whether an …

Feminists, Angels, Poets, And Revolutionaries: What I'Ve Learned From Ruthann Robson And Nicole Brossard On What It Means To Be A Law Teacher, Kim Brooks

Articles, Book Chapters, & Popular Press

This short piece was written as a tribute to the contributions Ruthann Robson has made to legal pedagogy, and was presented at a Symposium in her honor held at CUNY.

The Boundaries Of Medicare: Tensions In The Dual Role Of Ontario's Physician Services Review Committee, Colleen M. M. Flood, Joanna Erdman

Articles, Book Chapters, & Popular Press

In this research, we describe and analyse the Physician Services Committee (PSC) in Ontario, focusing on its role in determining what physician services are publicly funded and what services are de-listed (i.e. no longer eligible for public funding). We explain how the PSC's role in determining the boundaries of Medicare is in tension with its role as a medium for labour relations between the government and the medical profession. We suggest that while the values of privacy, secrecy and a lack of transparency may enhance the PSC's fulfillment of its labour relations mandate, they impede the Committee's successful fulfillment of …

Student Freedom Of Expression: Violent Content And The Safe School Balance, A. Wayne Mackay, Janet Burt-Gerrans

Articles, Book Chapters, & Popular Press

The authors begin with a discussion of of the duality in how children are viewed in both international and domestic law. Children are viewed as both under the protection and authority of adults, at the same time as being rights bearing individuals. Following recognition of the difficult tension created by this duality, these authors focus on its application in the balancing of the safe school environment with student freedom of expression. In particular these authors examine cases and scenarios that highlight the complex relationships that result when student expression contains violent content. This timely examination gives consideration to the contemporary …

Depriving Law Reform Of Its Potential? New Perspectives On The Public-Private Divide Law Commission Of Canada, Ed. (Vancouver: University Of British Columbia Press, 2003), Richard Devlin Frsc

Articles, Book Chapters, & Popular Press

New Perspectives on the Public-Private Divide is the second installment in a new series, Legal Dimensions, sponsored by the Canadian Association of Law Teachers, the Canadian Law and Society Association, the Canadian Council of Law Deans and the Law Commission of Canada. The ambitions of this series are large: to "examine various issues of law reform form a multidisciplinary perspective [and]... to advance our knowledge about law and society through the analysis of fundamental aspects of law."

The focus on the public-private divide is an excellent choice for the Legal Dimensions Series for no matter how one conceptualizes the relationship, …

Peeling An Orange And Finding An Apple – Book Review Of Joseph Magnet And Dwight Dorey Eds., Aboriginal Rights Litigation (Markham: Lexisnexis Butterworths, 2003), Constance Macintosh

Articles, Book Chapters, & Popular Press

Aboriginal Rights Litigation suffers from a certain amount of thematic confusion: the reading experience is akin to peeling an orange and finding an apple inside-- a lovely piece of fruit but not the one you expected. And if you wanted to make orange juice, you are simply out of luck.