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Employment Lawyers – Check This Out!

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By Ken Fox, Reference Librarian

The Law Society Library is pleased to announce that, in cooperation with Thomson Reuters, we have added EmploymentSource to our WestlawNext platform, which now includes:

  • Criminal Source
  • Employment Source
  • Estates & Trusts Source
  • Family Source
  • Labour Source
  • Law Source
  • Canadian Encyclopedic Digest
  • Canadian Abridgment
  • Index to Canadian Legal Literature

All Saskatchewan lawyers can access these services through the Member Resource Section – look for the WestlawNext Canada heading and the list of direct links to the services which follows.

What does EmploymentSource include?

Well, first and most importantly, it includes up-to-date editions of the following online texts:

  • Canadian Employment Law (Ball)
  • Canadian Health and Safety Law (Keith)
  • Employee Obligations in Canada (D’Andrea)
  • Illness and Disability in the Workplace (D’Andrea)
  • Law of Dismissal in Canada, 3rd Edition (Levitt)

It includes all issues of Levitt’s Dismissal and Employment Law Digest, and an Employment Bulletin, to which new items are added from time to time.

Under Finding Tools, there is a Wrongful Dismissal Quantum Service. So if I enter the term “harassment” in the search, I get a full report on notice periods related to that concept, replete with tables, graphs, and case digests with links to full-text judgments.

Also under Finding Tools, you will find A-Z indices to the all of the above-mentioned online textbooks. The texts are searchable, of course, but there are still situations where an old-school index will get you where you need faster than a search.

What does EmploymentSource exclude?

Yes, unfortunately, we are not able to offer you the full range of titles on display on the EmploymentSource home page. Specifically, we currently don’t have access to any of the texts listed under the heading “eLooseleafs on ProView.” If you see a title or two among those, or anything else, that you think we should invest in, please let us know!

Law Reform Commission of Saskatchewan Consultation

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The Law Reform Commission of Saskatchewan recently posted a new consultation report on life lease legislation on its website. This consultation report asks whether Saskatchewan should enact legislation on life leases, and if so, what types of provisions should be included. The Commission relies on responses received during consultation to inform its recommendations. Responses can be provided in writing or as answers to the online survey. Both the survey and the consultation report can be found at: https://lawreformcommission.sk.ca/. Public consultation runs until May 31, 2019.

CREATE Justice Bulletin: March 2019

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From Centre for Research, Evaluation, and Action Towards Equal Justice (CREATE Justice)

“The Most Significant Access to Justice Gathering in a Decade”.

Saskatchewan legal information project aims to increase access to justice using public libraries.

Empirical tool on Legal Needs Surveys and Access to Justice intends to advance understanding of people’s everyday legal problems and experience with the justice system.

B.C. turning to online tribunal to deal with some vehicle accident claims.

Free help with wills and estates.

Free help with family law problems.

NEW – Free help with family law problems in Prince Albert.

ADR Institute of Saskatchewan sponsoring an Introductory Mediation training from April 22–26.

Spotlight on Inmates Panel Program, providing legal advice and representation to inmates facing institutional legal issues.

UsaskLaw student Shelby Fitzgerald partners with CREATE Justice to promote dialogue on Access to Justice crisis by asking students and faculty “Why do we need Access to Justice?”.

Applications for CBA Young Lawyers International Program, serving justice needs of marginalized communities, being accepted for 2019-2020 cycle until April 30.

CREATE Justice and the College of Law held Third Annual Research Poster Competition, promoting access to legal information and research.

PASS IT ON! SUBMIT YOUR BITE-SIZED ACCESS TO JUSTICE NEWS TO BE INCLUDED IN THE BULLETIN TO createjustice@usask.ca AND ENCOURAGE OTHERS TO SUBSCRIBE FOR THE BULLETIN.

Saskatchewan Legislative Update

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The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 115 No. 13, March 29, 2019:

  • SR 17/2019 The Public Libraries Amendment Regulations, 2019
  • SR 18/2019 The Justices of the Peace Amendment Regulations, 2019
  • RS 18/2019 Règlement modificatif de 2019 sur les juges de paix
  • SR 19/2019 The Provincial Lands (Agriculture) Amendment Regulations, 2019

New Books in the Library: Winter 2019, Part II

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By Sara Stanley, Regina Library Technician

The Millennial Lawyer: How Your Firm Can Motivate and Retain Young Associates
J.P. Box

“Millennials will become nearly half of the U.S. workforce by 2020, and firms that know how to connect with and motivate Millennials will benefit from an inspired and harmonious workforce. Drawing from exhaustive research into the Millennial generation and relying on his own experiences as an attorney, JP Box identifies common Millennial values and explores how firms can incorporate these into their culture to attract, motivate, and retain top young lawyers.”

The 2019 Annotated Divorce Act
James C. MacDonald and Ann C. Wilton

“A current, portable resource for commentary and legislation, The 2019 Annotated Divorce Act includes:
• Authoritative section-by-section commentary and analysis of the background and practical application of each section of the Act
• Clear and concise digests of all the relevant case law you need to understand the judicial application of the Act

New in this edition:
This new edition features updates to the case law and commentary annotating the provisions of the federal Divorce Act, including comprehensive revision of the following parts of the text:
• Section 4 – Jurisdiction in Corollary Relief Proceedings – Cases discussed include Tardif v. Guimont, 2015 ONSC 4193, 2015 CarswellOnt 9755 (Ont. S.C.J.)
• Section 8 – Divorce – Separate and Apart – Cases discussed include H.C.F. v. D.T.F., 2017 BCSC 1226, 2017 CarswellBC 1965 (B.C. S.C.)
• Section 16 – Corollary Relief – Custody Orders – Cases discussed include G. (H.J.) v. N. (D.M.) 2016 SKQB 297, 2016 CarswellSask 633 (Sask. Q.B.)
• Section 17 – Corollary Relief – Variation, Rescission or Suspension of Orders – Cases discussed include Gagne v. Gagne, 2011 ONCA 188, 2011 CarswellOnt 1476 (Ont. C.A.), C. (L.A.) v. W. (G.N.), 2016 CarswellBC 865, 2016 BCCA 132 (B.C. C.A.), Children’s Aid Society of Ottawa v. V. (A.), 2016 CarswellOnt 7656, 2016 ONCA 361 (Ont. C.A.)”

The 2019 Annotated Employment Insurance Act
T. Stephen Lavender

“Understanding employment insurance problems has never been easier with this new edition of your go-to reference guide.

Features include:
• Legislation – A fully up-to-date consolidation of the Employment Insurance Act and its related regulations give you access to the primary law.
• CUBs – Canadian Umpire Benefits decisions represent the front lines of unemployment insurance law. This valuable handbook reviews and digests these numerous and hard-to-find decisions in an organized and coherent manner.
• Case Law – Federal Court of Appeal decisions – Look no further than this work for annotations of all relevant Federal Court decisions that interpret and shape employment insurance legislation.
• Commentary – Knowledgeable commentary provides you with the practical analysis that you need to understand a complicated regime.
• Related Provisions – Useful cross-references to related provisions of the Act and regulations puts the legislation in context.

New in this edition
• Full commentary on changes made by the Budget Implementation Act 2017 and Budget Implementation Act 2018.
• Updated Social Security Tribunal and Federal Court of Appeal Case Law.”

The 2019 Annotated Canada Labour Code
Ronald m. Snyder

“For more than 25 years, Ronald Snyder’s Annotated Canada Labour Code has been the “bible” among federal labour practitioners. Ron’s annotations provide essential insights into the Code, and make this book the necessary resource for preparing any case before the Canada Industrial Relations Board. This 2019 Edition of the Annotated Canada Labour Code digests the new decisions that have been rendered by the CIRB, OSH Appeal Board, adjudicators, referees and the courts since the publication of last year’s Edition.

New in this edition
• 99 new case digests of decisions by the CIRB, the OSH Appeal Board, adjudicators, referees and the courts
• Updates to approximately 104 areas of the Code

New case law developments

Under Part I of the Code include:
• Delineation of the test to determine whether an employment relationship exists involving professional persons
• Board presumptions made concerning the double-majority rule applicable to accretion of bargaining unit applications
• Elucidation on the admissibility of secret recordings
Under Part II:
• Discussion of the Crown’s burden in establishing the actus reus involving s.124 breaches
• The Board’s jurisdiction to determine the validity of refusal to work actions
• The scope of the court’s flexibility in ordering s.148 conviction remedies
Under Part III:
• Elaboration of whether inspectors have exclusive jurisdiction to address hours of work and overtime issues
• Whether damages can be awarded against employers for s. 214 Code breaches in the absence of evidence of loss sustained by employees
• Clarification as to which employees are disentitled to s. 230 (notice or pay in lieu) and s. 235 (severance) compensation
• The effect of abandoning a wage-related complaint on the ability to pursue a civil action against the employer”

Environmental Law, 5th ed.
Jamie Bendickson

“While continuing to provide a comprehensive introductory guide to environmental law in Canada, this fifth edition of Environmental Law incorporates discussion of recent developments in environmental litigation and regulation alongside reference to key statutory developments from the past half decade. In addition, important updates and revisions highlight significant developments in several central areas, notably federal and provincial climate change action following the 2015 Paris Agreement and issues associated with Aboriginal consultation, the United Nations Declaration on the Rights of Indigenous Peoples, and traditional environmental knowledge. Essential developments relating to human rights and the environment at both the national and international levels have been included alongside discussion of changes in environmental valuation and compensation, liability for spills and remediation, and polluter-pays jurisprudence. Recent judicial and administrative decisions affecting environmental assessment and involving NAFTA prior to the 2018 round of Canada-US-Mexico negotiations are also covered. Chapters on toxic substances, protected areas, endangered species, and economic incentives for environmental protection also reflect current legal activity and policy proposals.”

Sources: American Bar Association, Thomson Reuters, Irwin Law

SKCA Practice and Procedure Webinar

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By Jakaeden Frizzell, CPD Program Coordinator

On Thursday April 11 the Law Society will be hosting a noon hour webinar covering appellate practice and procedures of the Court of Appeal for Saskatchewan. The webinar will qualify for 1.0 CPD hour.

Have you had to bring a civil or criminal matter before the Court of Appeal for Saskatchewan? Most counsel do not regularly appear before the Court of Appeal. Join us for a review of the Court’s practices and procedures and learn from this powerhouse panel of presenters who will speak to changes in the requirements for leave to appeal in certain cases, common issues with the perfection of appeals and other registry concerns, as well as the basics of good appellate advocacy. The panel for this webinar is the Chief Justice of Saskatchewan, the Honourable Robert G. Richards, Mr. Justice Neal W. Caldwell of the Court of Appeal for Saskatchewan, and Ms. Melanie A. Baldwin, Q.C., the Registrar of the Court of Appeal for Saskatchewan.

Register here: SKCA Practice and Procedure (CPD 220)