Articles

Commission scolaire francophone des Territoires du Nord-Ouest v. Northwest Territories (Education, Culture and Employment)

On December 8, 2023, in its decision in Commission scolaire francophone des Territoires du Nord-Ouest v. Northwest Territories (Education, Culture and Employment),1 the Supreme Court of Canada set aside ministerial decisions refusing to admit children of non-rights holder parents2 to French-language schools in the Northwest Territories. At issue was whether the Minister of Education, Culture and Employment (the “Minister”), in exercising her discretionary power regarding the enrolment of children of non‑rights holder parents in French first language education programs, should have considered the purposes and values underlying section 23 of the Canadian Charter of Rights and Freedoms (the “Charter”) even in the absence of an infringement of this right. The Supreme Court thus had to determine if the decisions made by the Minister were reasonable.

Established companies as well as start-ups use long-term incentive plans (“LTIPs”) to attract talent, retain key employees, directors and executives (collectively, the “Beneficiaries”), and align their interests with those of shareholders. LTIPs are particularly relevant amid high competition and labour shortages. One of the most common types is the stock option plan (“SOP”), which sets out the terms and conditions of this performance incentive tool. An SOP also enables a company to retain cash to invest in its growth.

Several major Canadian cities, including Toronto, Montreal and Edmonton, are considered prime hubs for investors and companies looking to develop, design and deploy artificial intelligence (“AI”) systems. Home to national AI institutes such as the Québec AI Institute in Montreal, post-secondary institutions with cutting-edge research centres and collaborative networks featuring some of the world’s top AI talent, Canada ranks fifth in the world for AI, behind the United States, China, Singapore and the United Kingdom, according to The Global AI Index released on June 28, 2023.

Federal employers should take note of changes to federal labour law, including longer termination notice periods and other new measures

The federal government announced that effective February 1, 2024, employees of federal Crown corporations (but not public service employees) and federally regulated private-sector companies will be entitled to longer termination notice periods.

On November 1, the Honourable Sophie Bourque of the Superior Court of Québec handed down a decision that will have a huge impact on Indigenous law in the case of R. c. Montour. This decision marks a major paradigm shift in how the relationship between the Crown and Indigenous peoples is conceived; it has also upset Canada’s constitutional order.

Our team has put together an overview of several important matters addressed in this decision.

On May 18, 2023, in Lareau c. Centre du camion Gamache inc., the Court of Appeal of Quebec issued a decision of particular interest regarding the concept of constructive dismissal, clarifying the circumstances that constitute constructive dismissal and calculation of any compensation due, if any.