A Message from Our Indigenous Advocates

The truth from the findings of the burial sites of the Kamloops Residential School students shines a blinding light on our darkest reality. The reality is racist and incomprehensible.  Our society has a sacred obligation to protect our children.  Indigenous rights only exist if there is a future generation to pass them onto. As Indigenous…

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COVID-19 Paid Sick Leave

Over the past several months, the B.C. Government has introduced several changes to the Employment Standards Act (“ESA”). As recent as May 20, 2021, new amendments have come into force that now provide employees up to three days paid sick leave for COVID-19 related absences. Employers and employees should beware, however, that not all COVID-19 related absences…

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Domtar – A Major Addition to the Paper Excellence Global Family

MT+Co.’s Business Law Group acts as lead Canadian counsel on acquisition of global diversified pulp and paper manufacturer. Last week, our client, Paper Excellence, and Domtar entered into an agreement whereby Paper Excellence will acquire all of Domtar’s common stock for US$55.50 per share. The all-cash transaction represents an enterprise value of approximately US$3.0 billion. Our…

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BC Government Announces Paid Sick Leave for COVID Absences

On May 11, 2021, the BC Government announced that it plans to provide up to three days of paid sick leave to workers forced to miss work due to COVID-19. Employees who are diagnosed with COVID-19, who need time off to self-isolate and those who are awaiting a COVID-19 test result, will all qualify for…

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R. v. Desautel, 2021 SCC 17: a Purposeful Step towards Rights-Recognition and Reconciliation with Indigenous Peoples

April 23, 2021 marked a triumph for Aboriginal-rights holders at the Supreme Court of Canada (“SCC”). In its decisions in R. v. Desautel, 2021 SCC 17 (“Desautel”),the SCC clarified the scope of the application of section 35 of the Constitution Act, 1982 (“Section 35”) and took a purposeful step away from colonial constraints on the definition of Aboriginal…

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Anti-Maskers: BC Human Rights Tribunal Addresses Mandatory Mask Complaints

“The Code does not protect people who refuse to wear a mask as a matter of personal preference, because they believe wearing a mask is “pointless”, or because they disagree that wearing masks helps to protect the public during the pandemic”[1], which the BC Human Rights Tribunal (“BCHRT”) has firmly stated in two recent screening…

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Government Announces Paid Vaccination Leave for BC Workers

April 29, 2021 update: On April 27, 2021, this amendment officially passed into law. BC workers are now entitled to this paid vaccination leave retroactive to April 19, 2021. On April 19, 2021, the BC Government announced its intention to amend the Employment Standards Act to provide workers with up to three hours of paid…

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Expedited Workplace Closures

Unfortunately, COVID-19 cases are once again on the rise in BC. With the increase in numbers, workplaces face new public health orders as well as reminders to keep up with the old ones. Expedited Workplace Closures Effective April 12, 2021, WorkSafeBC prevention officers have the power to issue closure orders to businesses where workers test positive…

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Rights for Rivers – Quebec River Granted Rights and Legal Personhood by Indigenous Community and Local Municipality

Introduction Earlier this year, the Magpie River in Quebec (Muteshekau-shipu in the Innu language) was granted legal personhood by the Innu Council of Ekuanitshit and the Minganie Regional County Municipality (“Minganie RCM”).  The idea of granting legal personhood to environmental resources in Canada could be a valuable tool for Indigenous communities to control environmental protection…

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“Malicious” Employer Conduct leads to Significant Aggravated and Punitive Damages Award

Aggravated and punitive damages are reserved by the courts for exceptional circumstances. In December 2020, the BC Supreme Court found that twenty-six-year-old Carly Fobert’s experience when she was dismissed from her employment at MCRCI Medicinal Cannabis Resource Centre Inc. (“MCRCI”) was one such exceptional circumstance. Ms. Fobert’s case (full decision here) also tackles other important employment…

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