Toronto might be the megalith of cities when it comes to Canada’s metropolis, but it has no constitutional authority to oppose the province’s interference with municipal elections. That is the invariable conclusion arising out of the Ontario Court of Appeal’s decision this week.

The split 3-2 decision largely focused on two main issues. The first, whether unwritten constitutional principles could provide a basis to resist provincial modifications of the election, was unanimously decided by the court. The dissent only differed from the majority on the applicability of s. 2(b) rights in the circumstances of an ongoing election.

The majority was . . . [more]

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

CONSTITUTIONNEL (DROIT)?: La disposition législative exigeant que la mort naturelle soit raisonnablement prévisible (art.?241.2?(2)?d) C.Cr.) porte atteinte aux droits à la vie, à la liberté et à la sécurité des demandeurs (des personnes atteintes de maladies dégénératives incurables s’étant vu refuser l’aide médicale à mourir), tandis . . . [more]

Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, or learn how you can use Slaw Jobs to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at .

Current postings on Slaw Jobs (newest first):

• Family Law Lawyer (Full-time) | Sherwood Park, AB
  (Ahlstrom Wright)
• Family Lawyer (4-6 years) (Full-time) | Chilliwack, BC
  (Waterstone Law Group)
• Civil Litigation Associate (3-5 years) (Full-time) | Langley, BC
  (Waterstone Law Group)
• Wills and Estates Lawyer (4-6

Some of the law librarian Slaw readership will be deep in budget planning for next year. I am thinking of colleagues in private law firms and particularly those new to budget creation or those who have been caught by surprise when there are substantial and unexpected increases for print or electronic material.
The Canadian Association of Law Libraries webinar team is coming to the rescue with a one hour webinar on Effective Budgeting for Libraries on Wednesday, September 25 from noon to 1 Eastern.

Creating a budget document that helps decision-makers understand the true cost of information is important. It . . . [more]

The Quebec Court of Appeal has ruled against Sikh truck drivers who sought an exemption from wearing personal protective equipment – a helmet – as required by their employers because their religion requires them to wear a turban.

The Court ruled that workplace safety must take precedence over temporary impacts on freedom of religion.

According to Wikipedia, wearing a Sikh dastaar, or turban, is mandatory for all Sikh men. Among the Sikhs, the dastaar is an article of faith that represents honour, self-respect, courage, spirituality, and piety (https://en.wikipedia.org/wiki/Dastar).

Quick facts

In 2016, three Sikh truck drivers sought to be exempted . . . [more]

In 2010, when the American Association of Law Libraries inducted 78 law librarians in its inaugural Hall of Fame, I noted in a Slaw article that eight of them had made major contributions to the profession of foreign, comparative, and international law (FCIL) librarianship. And I wondered what criteria could there be for induction into an International Law Librarians Hall of Fame, and who would be initial inductees. Jolande Goldberg was on that list, and she was inducted into the 2019 AALL Hall of Fame this past July. It’s been almost 10 years, so I thought I’d revisit my list. . . . [more]

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. Tremear v. Park Town Motor Hotels Ltd., 1982 CanLII 2683 (SK QB)

[19] To constitute a defence, there must have been an express or implied understanding between the parties whereby the plaintiff gave up her right of action for negligence. The evidence here does not support any such understanding or agreement. There is nothing to warrant a finding that the plaintiff . . . [more]

In Truchon c. Attorney General of Canada, 2019 QCCS 3792 (CanLII), a decision of the Quebec Superior Court, The Honourable Christine Baudouin, JCS held that the end of life requirement under section 26 of Quebec’s End-of-Life Care Act and the “reasonable foreseeability of natural death” requirement under the Criminal Code‘s medically-assisted death requirement are both unconstitutional as contravening section 15 of the Canadian Charter of Rights and Freedoms (and that the federal provision contravenes section 7; she did not consider whether the Quebec provision contavened section 7). The facts underpinning the challenges were the same. Nevertheless, should the . . . [more]

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on practice, research, writing and technology.

Technology

My Favourite Apps – Part IV
Lesha Van Der Bij

Nowadays, I think most transit systems probably have an app that tells you when the next bus or train is coming. Handy, but I found a new app – Citymapper – which is great for planning out how to get where you need to go. …

Research & Writing

Renata Adler
Neil Guthrie

If you are unfamiliar with . . . [more]

On June 21, 2019, Bill C-75,?An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, received Royal Assent. The Bill was an omnibus legislation that was prompted by the delays caused described in Jordan?and?Cody.

The effect of this Bill was to remove preliminary inquiries for virtually all offences, expand spousal violence to include intimate partner violence, abolish the use of peremptory challenges for jurors, and hybridize almost all indictable offences under 10 years while increasing the maximum penalty to 2 years for summary . . . [more]

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

CONTRAT DE SERVICES :La théorie du manquement à une obligation essentielle est toujours valable en droit québécois; elle permet d’écarter l’application d’une clause de limitation de responsabilité qui vise une telle obligation.

Intitulé :?6362222 Canada inc. c. Prelco inc., 2019 QCCA 1457
Juridiction :?Cour d’appel (C.A.), Québec, 200-09-009366-169 . . . [more]