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September 30th, 2019

The Right to Die with Dignity: The Quebec Superior Court Rules

Summary The right to medical assistance in dying (“MAID”) for mentally competent adults in an advanced state of irreversible decline in capability who are experiencing enduring and intolerable suffering but not facing an imminent or reasonably foreseeable death, was recently debated before the Superior Court of Quebec (the “Court”) in the matter of Jean Truchon […]
Publications
September 26th, 2019

Work-Related Emails and Union Messaging: Are They Compatible?

The Quebec Court of Appeal recently rendered an important decision in the area of labour relations. In this matter, a public-sector union had initially filed a complaint of hindrance of union activities with Quebec’s labour relations board (the Commission des relations du travail), now known as the Administrative Labour Tribunal (the “Board”). It alleged that […]
Publications
September 23rd, 2019

Time to Vote! How Employers Must Prepare for the Upcoming Federal Election

This coming October 21, the Canadian electorate will be called upon to vote in the federal general election. In Quebec, polling stations will be open from 9:30 a.m. to 9:30 p.m., whereas in other parts of the country, opening hours may vary slightly.  It is important to note that under the Canada Elections Act, every […]
Publications
September 16th, 2019

Quebec Government Passes New Bill to Ease its Digital Transformation and Curtail Related Privacy Issues

Passed in principle on May 16, 2019 by the Quebec parliament, Bill 14 (An Act to facilitate the public administration’s digital transformation) aims to improve the government’s efficiency and service to citizens through digital transformation. The Bill will allow the release of personal information by designated public bodies, in specific circumstances, notwithstanding any existing restriction […]
Publications
September 13th, 2019

Revamp of the Canada Labour Code: Overview of the Principal Amendments to Part III

Introduction As announced, the Canada Labour Code (the “Code”) has been thoroughly revamped effective September 1st, 2019, with the coming into force of several amendments to Part III. The new provisions reflect Parliament’s intent, through the introduction of a range of more flexible labour standards, to achieve a better work-family balance, and to protect workers […]
Publications
August 22nd, 2019

Do Employers Really Have an Obligation to “Accommodate” an Incompetent Worker? Must the Worker Be Offered Another Position Within the Enterprise?

For several years now, a case law controversy has been repeatedly resurfacing regarding the obligations of an employer in the case of the administrative dismissal of a worker for incompetence. Is it enough to comply with the five criteria that have emerged from the leading case in this regard, the Costco decision, or must the […]