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Doorey's Beginners' Guide to the Charter and Workplace Law

by David Doorey November 19, 2010
written by David Doorey November 19, 2010

For some time, I’ve struggled teaching the Charter to undergraduate students new to the law.  The courts’ application of the Charter to labour and employment law is exceptionally complex.  Brian Langille has correctly called this law “a mess”.   Even seasoned lawyers have difficult trying to sort it all out.  Now imagine teaching this stuff to a student with no legal training whatsoever!
Part of the challenge is that there is no decent writing that I have found that targets a non-lawyer audience in an attempt to explain how Freedom of Association (Section 2(d)), Freedom of Expression (Section 2(b)), and Equality rights (Section 15) have been applied to workplace law issues.  If there is work like this that you are aware, please let me know.
In the meantime, I have take a shot at it myself.  I have posted a version of a short, informal paper I wrote called The Charter of Rights and Freedoms and Workplace Law:  A Guide for Beginners on my SSRN site.
You can download for free here (Click “One-Click Download” at the top).
I welcome comments about how I could improve this or (gasp) pointing out any errors I may have made.

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David Doorey

Professor Doorey is an Associate Professor of Work Law and Industrial Relations at York University. He is the Director of the School of HRM at York and Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and on the Advisory Board of the Osgoode Certificate program in Labour Law. He is a Senior Research Associate at Harvard Law School’s Labor and Worklife Program and a member of the International Advisory Committee on Harvard University’s Clean Slate Project, which is re-imaging labor law for the 21st century

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@SCLSclinic and I were so fortunate to represent this client last year. I am thrilled that this decision brings more clarity for family status accommodations rights amidst a pandemic that has tested parents, caregivers, and families like never before. https://twitter.com/CanLawWorkForum/status/1364605259071561730

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New from @RSandill (counsel for applicant), discussing important new "family status" discrimination decision from OHRT:

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TheLawofWorkDavid J. Doorey@TheLawofWork·
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Here's my latest in @jacobinmag.

If Ontario's labor laws applied in Alabama, the Amazon vote would have been held months ago so workers could get back to their jobs. Instead, the NLRA permits Amazon to conduct a months' long onslaught of anti-union propaganda. https://twitter.com/jacobinmag/status/1364613560425275392

Jacobin@jacobinmag

Amazon workers in Alabama are voting on whether to unionize, but the company is bombarding them with anti-union propaganda. In Canada, by contrast, votes are held quickly, making it harder for companies to stack the deck — a model that can work in the US. http://jacobinmag.com/2021/02/amazon-alabama-canada-labor-law-union-vote

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CanLawWorkForumCLWF@CanLawWorkForum·
16h

New from @RSandill (counsel for applicant), discussing important new "family status" discrimination decision from OHRT:

"Kovintharajah v. Paragon Linen & Laundry: When Failure to Accommodate Child Care Needs is “Family Status” Discrimination"

https://lawofwork.ca/13360-2/

Reply on Twitter 1364605259071561730Retweet on Twitter 13646052590715617304Like on Twitter 13646052590715617304Twitter 1364605259071561730
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