By Simon Pelsmakher, University of Windsor

shutterstock_318715832On January 6, 2017, a horrific shooting attack occurred at Ft. Lauderdale- Hollywood International Airport, which left 5 people dead and 42 injured. Unfortunately, this incident was not a one-off event, and the US has been plagued with many such shooting attacks in recent years. As former President Obama has argued: legally, it is all too simple for these individuals to acquire the necessary weapons to carry out such attacks. The law should therefore be amended and reformed to address these challenges. Continue Reading Amending US Gun Laws – an Outsider’s Perspective

By Christina Iannozzi, Western Law School

shutterstock_444295678In Johnstone[1], the Federal Court of Appeal confirmed that federal employees are protected from discrimination on the basis of family status, which includes not only the status of being a parent, but also the parental obligations that flow from being a parent, such as childcare. One of the potential applications of Johnstone is to analogous arguments which can be made by employees claiming accommodation for eldercare. As the number of seniors in Ontario is expected to double to more than four million by 2041, there will be an increased need for eldercare.[2] Given the country’s aging population, employee requests for accommodation by way of absences or modifications to their working day to allow for eldercare responsibilities are already becoming more common. Continue Reading Family Status Discrimination: The Never-ending Story

By Christina Iannozzi, Western Law School

Iannozzi - Poisoned WorkplaceCanadians have the right to a workplace free from harassment. As Dickson C.J. noted in Reference Re Public Service Employee Relations Act (Alta.), “work is one of the most fundamental aspects in a person’s life … an essential component of his or her sense of identity, self-worth and emotional well-being.” [1] If work is a component of our identity, then the workplace is a manifestation of that identity.  The laws regarding harassment have evolved, and so has their role in Canadian workplaces.

Harassment is defined in subsection 10(1) of the Ontario Human Rights Code as “engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.”[2] Because employees are entitled to work in an environment free from harassment, it is now an implied term of all employment contracts that the employer cannot perpetrate nor condone harassment.[3]  As such, employer inaction, or deficient action, in response to credible reports of harassment has been treated by the law as a violation of a term or condition of employment.[4] Continue Reading Poisoned Workplace and Human Rights Systemic Remedies