On June 27, 2014, the Supreme Court released a decision that will affect every employment relationship across Canada. In United Food and Commercial Workers, Local 503 v. Wal Mart Canada Corp., a 5-2 majority of the Court held that an employer – in this case Wal-Mart – is prohibited from permanently shutting down its business during the collective bargaining process, unless it ...
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Author Archives: Asher Honickman
The Living Fiction: Reclaiming Originalism for Canada
This Article was published in the Autumn 2014 edition of the Advocates’ Quarterly1 Eighty-five years ago this October, the Judicial Committee of the Privy Council handed down its decision in Edwards v. Attorney-General for Canada, in which it held that “The British North America Act planted in Canada a living tree capable of growth and expansion within its natural ...
Read More »How to Reform the Senate Without a Constitutional Amendment
(This article originally appeared in The Huffington Post Canada) The Supreme Court of Canada’s recent decision in Reference Re Senate Reform has irked a great many Canadians who had hoped that our highest court would bless democratic reform in the Red Chamber. On virtually every question before it — from term limits to democratizing the selection process — the Supreme ...
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