Our Cases

EMPLOYMENT & LABOUR

Saskatchewan Federation of Labour et al v. Saskatchewan, 2015 SCC 4
Supreme Court of Canada rules that the right to strike is protected by international law and the Charter of Rights and Freedoms.

Diafwila v. Ottawa Police Service (201 OCPC-14-01
Police constable reinstated to job by Ontario Civilian Police Commission because Ottawa Police failed to follow performance evaluation policies

Royal Ottawa Health Care Group v Canadian Union of Public Employees, Local 942, 2013 CanLII 8016 (ON LA)
Nurse given job back after employer’s unfair use of police record check

National Bank of Canada v Paitich, 2013 CanLII 7346 (CANLA)

Bank employee wins unjust dismissal complaint as poor performance allegations unsubstantiated

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.

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.

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.

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.

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.


HUMAN RIGHTS & CONSTITUTIONAL LAW

Choc v. Hudbay Minerals Inc. et al., 2013 ONSC 998
Corporate liability for human rights abuses abroad – Canadian mining company can be sued in Canada for murder and rapes allegedly committed by security personnel employed by a subsidiary in Guatemala

Page v. Mulcair, 2013 FC 402
Parliamentary privilege – Federal government must disclose relevant documents to Parliamentary Budget Officer

Gardner v. Canada (Attorney General), 2013 ONCA 423
Right to sue government – Taxpayer subjected to unlawful assessment permitted to sue for damages

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

Abdelrazik v. Attorney General and Cannon, August 30, 2010
Court finds Canadian can sue for right to be protected from torture by foreign officials

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.

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.

Amnesty International and B.C. Civil Liberties Assocation v. Canadian Forces, 2007 CF 1147
Standing - Human rights groups have public interest standing to challenge Canadian military transferring detainees to Afghan government, despite risk of torture.


FEDERAL PUBLIC SERVICE EMPLOYMENT

Turner v. Canada Border Services Agency, 2014 CHRT 10
Racial discrimination – CBSA denies border officer job to man on the grounds of race and perceived disability

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.

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..


RCMP & CANADIAN FORCES

Boogaard v. Canada (Attorney General), 2013 FC 267 (CanLII)
RCMP fails to deal with harassment complaints in a timely manner

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.

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.

Tahmourpour v. Canada (Attorney General), 2010 FCA 192
Racial discrimination in RCMP training


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, 2009 FC 339
Government ordered to reveal human rights report that discloses torture by state authorities in Afghanistan is common.

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


DISABILITY

Collins v. Canada (Attorney General), 2013 FCA 105
Disabled prisoner – Court of Appeal restores award of damages to disabled prisoner subjected to discrimination by Correctional Services Canada

Pictou Landing Band Council v. Canada (Attorney General), 2013 FC 342
Jordan’s Principle guarantees disabled Aboriginal teen-ager right to equal care while living on reserve

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.