EMPLOYMENT & LABOUR
Newton v. Larco Hospitality Management (2005), 75 O.R. (3d) 42 (Ont.C.A.)
Cross border employment – Hotel manager transferred from Ottawa to Las Vegas before being dismissed has right to sue in Canada because Canadian law treats employees more fairly.
Martin v. Canada (2005) 334 N.R. 43, 2005 FCA 156
Occupational Health and Safety – Park wardens performing law enforcement duties without a sidearm are placed in danger by their employer.
Pro-Tec Fire Services of Canada ULC, 2005 CanLII 63054 (C.I.R.B.)
Unfair Labour Practices – Airport firefighters win jobs back and damages after a U.S. company refused to employ them due to union involvement.
Sabourin v. House of Commons, 2006 PSLRB 15 (CanLII)
Video surveillance – Employee’s right to privacy is violated when employer carries out video surveillance without reasonable and probable grounds.
Canada (Attorney General) v. Grover, 2007 FC 28, aff’d 2008 FCA 97
Medical examinations – Employers cannot demand that sick employees be examined by doctors chosen by the employer as it violates employee privacy.
HUMAN RIGHTS & CONSTITUTIONAL LAW
Garrick v. Amnesty International, 2011 FC 1099
Commissions of inquiry have right to finish their work without interference by government or Courts
Canadian Human Rights Commission v. Canada (Attorney General), [2011] 3 SCR 471
Human rights tribunal does not have jurisdiction to award legal costs
Amnesty International and B.C. Civil Liberties Assocation v. Canadian Forces
(2007), 287 D.L.R. (4th) 35, 73 Admin. L.R. (4th) 206, 320 F.T.R. 236 (F.C.)
Standing – Human rights groups have public interest standing to challenge Canadian military transferring detainees to Afghan government, despite risk of torture.
Canada (Justice) v. Khadr, [2008] 2 S.C.R. 125
Extraterritorial reach of the Charter – Canadian government officials violated the Canadian Charter of Rights and Freedoms by interrogating a Canadian youth detained by U.S. in Guantanamo Bay, Cuba.
Abdelrazik v. Minister of Foreign Affairs et al, 2009 FC 580
Constitutional right to enter Canada – Canadian government officials violated a Canadian citizen’s Charter rights by arranging for his unlawful detention by Sudanese authorites and refusing to provide a passport.
Abdelrazik v. Attorney General and Cannon, August 30, 2010
Court finds Canadian can sue for right to be protected from torture by foreign officials
FEDERAL PUBLIC SERVICE EMPLOYMENT
Professional Association of Foreign Service Officers v. Canada (Attorney General), 2006 FC 1117, 299 F.T.R. 296
Deputy Minister violated Public Service Employment Act by staffing Foreign Service positions in the absence of a lawful deployment policy..
Cheney v. Canada (Attorney General), 2005 FC 1590, 48 Admin. L.R. (4th) 190
Competition Bias – Job competition tainted by bias against fire inspector who filed harassment complaint.
RCMP & CANADIAN FORCES
Tahmourpour v. Canada (Attorney General), 2010 FCA 192
Racial discrimination in RCMP training
Stenhouse v. Canada (Attorney General), [2004] 4 F.C. 437; (2004), 12 Admin. L.R. (4th) 299; (2004), 248 F.T.R. 248
Termination of RCMP whistleblower overturned due to bias of RCMP Commissioner.
Stopford v. Canada, 2003 FC 994, [2004] 1 F.C.R. 431
Duty to Injured Soldiers – Court finds government may owe fiduciary duty to injured soldiers.
ACCESS TO INFORMATION
Bronskill v. Minister of Canadian Heritage, 2011 FC 983, 339 DLR (4th) 369 (FC)
National security should not trump history as government ordered to release RCMP files on Tommy Douglas
Attaran v Minister of Foreign Affairs, 2011 FCA 182
Discretion to withhold documents requested in Access to Information Request must be exercised in a manner consistent with the objectives of the Access to Information Act
Attaran v. Minister of Foreign Affairs, 2009 FC 339
Government ordered to reveal human rights report that discloses torture by state authorities in Afghanistan is common.
DISABILITY
Halvorsen v. Human Resources Development Canada, 2004 FCA 377
Denial of benefits under Workers Compensation does not mean individual is also disentitled to Canada Pension Plan disability benefits.