Blog Round-Up September/October 2022

Collected blog posts from the Manitoba legal community during September and October 2022.

Brodsky Amy & Gould

Fillmore Riley

Matthew Gould Blog (Criminal Law)

MLT Aikins

Robson Crim Legal Blog

TDS law

Labour Day and Employment Law Book Display

Monday September 7 is Labour Day in Canada, which is a day when we celebrate the achievement of workers’ rights.

In 1872, a printers’ strike fought for a nine hour work day, parading through the streets of Toronto demanding better hours. Soon it gained the attention of Sir John A. MacDonald who would introduce legislation that year that would legalize worker unions in the Trade Union Act. Support grew and soon lead to the declaration of a National Holiday by John Thompson on 23 July 1894.

Learn more about the origins of Labour day here.

The library has a number of resources on Labour and Employment Law in the library, as well as online:

In Print

  • Canadian labour arbitration, 4th ed. / Brown and Beatty
  • Remedies in labour, employment and human rights law
  • Canadian labour law, 2nd ed. / George W. Adams
  • The Annotated Canada Labour Code
  • Canadian Employment Law / Ball
  • Employment Law in Canada – 4th ed.
  • Employment Obligation & Confidential Information – 2nd ed.
  • Canadian labour and employment law journal
  • Employment and labour law reporter
  • Labour arbitration cases


  • Canadian Labour & Employment Law Journal
  • International Labour Review


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  • LexisNexis® Employment Law Netletter
  • LexisNexis® Labour Law Netletter
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Canadian Labour & Employment Law Journal

The latest issue of Canadian Labour & Employment Law Journal (Vol. 22 No. 1, 2019) is now available for loan. The current issue includes:

  • Who Bears the Burden of Enforcement? The Regulation of Worlers and Employers in Canada’s Migrant Work Programs – Sarah Marsden
  • Career-Derailing Discrimination and the Duration of Compensation for Lost Wages – Duncan Kennedy
  • Ontario’s Construction Sector in an Era of Change: Characteristics and Causes of Jurisdictional Disputes – Richard P. Chayowski & Robert S. Hickey
  • Autonomy, Pluralism, Centralism, and Schism: Jame Dorsey and the Nova Scotia Health Authorities Act – Andrew Taillon

If you would like a copy of any of these articles, please email to request it.

Contents Update – Canadian Labour & Employment Law Journal

2019 – Volume 21, Number 2

Table of Contents

Precarious Work, Uncertain Rights and the Role of Workplace Law: Papers from the 2017 Labour Law Lecture & Conference, Western University, November 3-4, 2017

Inequality and the Fissured Workplace – David Weil

The Political Economy of Precariousness in an Era of Artificial Intelligence: Precarious Work, or None At All? – Wayne Lewchuk

A Tattered Quilt: Exemptions and Special Rules under Ontario’s Employment Standards Act – Leah F. Vosko, John Grundy, Rebecca Casey, Andrea M. Noack & Mark P. Thomas

Sexual Harassment and the Precarious Worker – Sandra F. Sperino

The nature of the Fundamental Freedoms and the Sui Generis Right to Collective Bargaining: The Case of Vulnerable and Precarious Workers – Benjamin J. Oliphant

A Bridge Too Far? Using Internal Workplace Committees to Ensure Employment Standards Compliance and Plug the Representation Gap in the Wagner Act Model – Rafael Gomez & Sean O’Connor

Globalization in Transition: The Canadian Perspective – Brian Burkett

Sectoral Regulation in Subcontracting Relationships: The Impact of Collective Agreement Decrees on Employment Conditions – Martine D’Amours & Frederic Hanin

Canada’s Statutory Strike Models and the New Constitutional Landscape – Alison Braley-Rattai

Book Review

Unions in Court: Organized Labour and the Charter Rights and Freedoms – Reviewed by Roy J. Adams

If you would like a copy of any of these articles please email (only available for members of the Law Society of Manitoba).

Decision of the Week – Employer Charged With Workplace Fatality

This week’s decision comes from Nova Scotia. I found there were two very interesting facets to it that warranted bringing to the attention of members in Manitoba.

R. v. Hoyeck, 2019 NSSC 7 concerns an employer who was charged with failing to take reasonable steps to prevent bodily harm to an employee. The trial began before a judge and jury, but after two days, the jury was dismissed. After jury selection, one of the jurors sent a note to the judge about investigation into his LinkedIn account by the Crown (para. 3). As noted in this article by Norm Keith at Fasken:

The jury was discharged after one of the prosecutors, Mr. Keaveny was the subject of controversy about his use of social media to investigate prospective jurors. 

Nova Scotia Employer Acquitted in Westray Bill Prosecution

The benefit of this development is there is now additional case law on the subject of the responsibility of an employer in the death of an employee. There is a very high standard of proof required to convict an employer of Occupational Health and Safety criminal negligence. In this instance, the employee was a licensed Red Seal Mechanic and more qualified in his work than the owner. Although Chipman, J. was critical of the employer in his workplace practices:

Based on all of the evidence it is impossible for me to conclude beyond a reasonable doubt that Mr. Hoyeck did anything or omitted to do anything (that was his duty to do or not do) such that he is guilty of criminal negligence causing death.  …

R. v. Hoyeck, para. 94

Decision of the Week: Reference re Health Care Certification

The Manitoba Court of Appeal released this Reference re Certification in the Manitoba Health Sector, 2019 MBCA 18.

[2]                           This matter comes before this Court as a reference from the Manitoba Labour Board (the Board).  The Board may refer any question of law for a final determination by this Court (see section 143(4) of The Labour Relations Act, CCSM c L10 (the LRA)).  This reference concerns a controversy that has arisen as to the correct procedure for non-unionised employees in the health sector organising for the purpose of collective bargaining under this new model.  The dispute is about who is the appropriate decision-maker as to an application for certification in the health sector.  The two possibilities are the Board exercising its authority under the LRA or the Commissioner exercising his authority under the Act.

A unanimous Court determined that the Commissioner is the sole decision-maker for an application for certification in the health sector.

The library will be closed on Monday, May 20th for Victoria Day