Insights

Supreme Court of Canada: Religious Association Decisions not Subject to Judicial Review without Underlying Legal Dispute

Judicial Committee of the Highwood Congregation of Jehovah’s Witnesses v Wall, 2018 SCC 26 ..

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Saskatchewan Court of Queen’s Bench: Personal Social Media Posts May Constitute Professional Misconduct Subject to Discipline by Regulatory Bodies

In Strom v Saskatchewan Registered Nurses’ Association, 2018 SKQB 110  [Strom], a decision released last month, the Saskatchewan Court of Queen’s Bench upheld the decision of the Discipline Committee of the Saskatchewan Registered Nurses’ Association (the “SRNA”) which found that Ms. Strom had engaged in professional misconduct by posting critical comments of her grandfather’s end-of-life care on Facebook. ..

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Canada's Anti-Spam Legislation Changes Communication between Businesses and Customers

On July 1, 2014, Canada’s Anti-Spam Legislation (“CASL”) comes into force. This package of legislation and regulations lays out the framework for the communication by persons that send commercial electronic messages (“CEM”). It prohibits the sending of CEMs for purchasing, selling, leasing, or providing business or investments opportunities, or advertising for any of these purposes through electronic channels, unless the sender has the consent of the recipient (express or implied), and the message is in the correct form. This prohibition is coupled with stiff penalties that can reach up to $10,000,000.00 for organizations and allow the affected individual to sue the offending person even when no damage or loss was sustained. CASL penalties can be avoided through exceptions within the legislation and regulations or by the consent of the reviewing individual. The consent from the recipient must be obtained by the guidelines provided in CASL. ..

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Occupational Health and Safety Officers May Now Initiate Proceedings by Issuing a Ticket

Initiating proceedings with respect to offences committed under The Occupational Health and Safety Act, 1991 (“OHSA”) has been made simpler due to recent amendments to The Summary Procedure Offences Regulations, 1991. In late 2013, The Summary Procedure Offences Regulations, 1991 were amended to include occupational health officers appointed pursuant to OHSA in the definition of “peace officer” when enforcing the provisions of OHSA. As peace officers, occupational health officers are now able to commence proceedings for offences committed under OHSA by issuing the offender a summons ticket. Further amendments to The Summary Procedure Offences Regulations, 1991 also permit any offence tickets issued by a peace officer to be completed, signed and filed electronically. ..

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Standard of Review for a Decision Taken by the Minister of Energy and Resources is one of Reasonableness

In the context of a comprehensive and technically complex scheme for the determination of royalties pursuant to The Crown Mineral Royalty Schedule 1986, the Saskatchewan Court of Appeal held that a decision of the Minster of Energy and Resources regarding the average sale price of all arm’s length sales of uranium was to be held to a standard of reasonableness on appeal, rather than a standard of correctness. ..

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