Articles 2020

Aujourdʼhui
Aujourdʼhui

Is Canada Closer to Enacting Modern Slavery Legislation? A Brief Update.

  • 31 mars 2022
  • Nicky Kim and Giovanna Di Sauro

Discussing the recent and forthcoming measures on modern slavery in Canada, including: the impact of the Canadian-United States-Mexico Agreement (“CUSMA”); Prime Minister Justin Trudeau’s mandate letter to Canada’s Minister of Labour; and the development and status of Canada’s modern slavery legislation.

Droit constitutionnel, libertés civiles et droits de la personne, Student Forum

Ratcheting in Representative Negotiation

  • 31 mars 2022
  • Matthew Gordon

Pre-existing offers, contracts and settlements can increase parties' expectations, often to unreasonable or unrealistic levels, leading to a ratcheting effect that can reset a market or scupper a negotiation. In this article, Matthew Gordon looks at the ways a properly assessed market sample, in the context of parties' realities and emotions, can contribute to a productive resolution of a difficult dispute.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum
Three Ways in Which What Happens at Mediation Doesn’t Necessarily Stay at Mediation

Three Ways in Which What Happens at Mediation Doesn’t Necessarily Stay at Mediation

  • 29 mars 2022
  • Stuart Rudner, Rudner Law

While we generally refer to mediation as a confidential and without prejudice process, the truth is that there are three potential situations in which what happens at mediation can be referenced and relied upon. It is important that counsel are aware of these exceptions, and advisable that they ensure that mediations they participate in are governed by an agreement which rebuts them to the extent possible. My standard mediation agreement does so, but not all of them do.

Droit du travail et de l’emploi, Student Forum
Head shot photo of author Tiana Knight

Mentorship Goes Both Ways

  • 28 mars 2022
  • Tiana Knight

A key aspect of mentorship is ensuring that you establish mutually beneficial professional connections and focus on maintaining those relationships throughout your career, rather than just seeking out how others can support you.

Student Forum, Young Lawyers' Division

Bill C-11’s Foundational Faults, Part Two: The Regulate-It-All Approach of Treating All Audio-Visual Content as a “Program”

  • 25 mars 2022
  • Michael Geist

My first post on Bill C-11 focused on the virtually limitless reach of the CRTC’s jurisdictional power over audio-visual services. The expansive approach in Bill C-11 isn’t limited to its jurisdictional reach, however. Not only does the law have few limits with respect to which services are regulated, it is similarly over-broad with respect to what is regulated, featuring definitions that loop all AV content into the law by treating all AV content as a “program” subject to potential regulation.

Droit du divertissement, de l'information et des télécommunications, Student Forum