Since the beginning of the pandemic, many have been eagerly awaiting a safe and effective vaccine to allow us to return to normal. With the first doses arriving in Quebec, one question keeps arising: Can employers require employees to get vaccinated before returning to work?
On December 15, 2020, the Quebec government announced new containment measures for the holiday season, the idea being to take advantage of the usual slowdown in activities during this period to try to blunt the second wave of COVID-19 infections.
Among the various measures, one in particular caught our attention.
In recent years, technological advances have led to a sudden digitization of daily life and, consequently, of personal information. More than ever, data, including personal information, has become a commodity used to predict individuals’ behaviour. “[I]n an era in which data is constantly flowing across borders and geographic boundaries and significant economic activity relies on the analysis, circulation and exchange of personal information,” it is increasingly necessary to regulate this digital revolution to allow organizations and individuals to benefit from its undeniable advantages while limiting the potential privacy risk.
Introduction of Bill 59, An Act to modernize the occupational health and safety regime: Major changes expected
On October 27, 2020, Quebec’s Minister of Labour, Employment and Social Solidarity, Jean Boulet, introduced Bill 59, An Act to modernize the occupational health and safety regime (“Bill 59”).
On October 30, the Supreme Court of Canada released its long-awaited decision in Desjardins Financial Services Firm Inc. v. Asselin (the “Asselin decision”). Ever since leave to appeal was granted in June 2019, practitioners and litigants have been kept in suspense, anticipating a potential amendment to the analytical framework of the criteria for authorization of a class action in Quebec.
However, far from liberalizing or restricting the interpretation and application of the authorization criteria in Article 575 of the Quebec Code of Civil Procedure (“CCP”), the Asselin decision maintains the status quo with respect to the legal framework for authorizing a class action in Quebec. The Court reiterated the position and the principles it developed in Infineon, Vivendi, and Oratoire Saint-Joseph, which form the jurisprudential basis for this critical procedural stage, without modifying the applicable law.
This article originally appeared on the Canadian Lawyer InHouse website.
Agility and adaptability will be essential for Canadian employers moving forward.
In recent weeks, public authorities across the country have made several announcements regarding the resumption of activities in the context of the COVID-19 pandemic. In certain instances, these announcements have generated some confusion.