Category Archives: News

Dayna Steinfeld Appears in Constitutional Challenge for First Nations Children

Dayna Steinfeld Appears in Constitutional Challenge for First Nations Children
Beginning on October 25, 2021, Dayna Steinfeld is appearing in the Manitoba Court of Queen’s Bench as co-counsel for the Assembly of Manitoba Chiefs (AMC) in a case challenging the Manitoba government’s enactment of section 231 of The Budget Implementation and Tax Statutes Amendment Act (BITSA).
Section 231 of BITSA legislatively immunizes the Manitoba government from liability for taking more than $335 million of federal Children’s Special Allowance funds from Manitoba children in the child welfare system. In addition to extinguishing two existing court actions against the government, section 231 prohibits bringing any action, application or complaint and prohibits the granting of any remedy related to Manitoba’s actions.
Before the Court, AMC will argue that Manitoba, by enacting BITSA:
  • infringes the core jurisdiction of the superior courts and breaches section 96 of the Constitution Act, 1867 by absolving itself from any liability and denying First Nations children in care the right to access the courts;
  • denies First Nations children substantive equality and equal benefit of the law on the grounds of age, race, aboriginality-residence and family status, contrary to section 15 of the Canadian Charter of Rights and Freedoms;
  • denies First Nations the rights, benefits and opportunities promised to First Nations children in care by Canada pursuant to s. 91(24) of the Constitution Act, 1867 and has therefore passed law that is beyond the province’s constitutional authority; and
  • violates the honour of the Crown and breaches its fiduciary duty owed to First Nations children in care.
The case is being heard from October 25 to 29, 2021.

Jessica Greenwood to Present on Employment Issues During COVID-19

Jessica Greenwood to Present on Employment Issues During COVID-19
On September 24, 2021, Jessica Greenwood will be speaking at the Kingston and the Thousand Islands Legal Conference. Jessica will be part of a panel addressing employment issues in the face of COVID-19, focusing particularly on Infectious Disease Emergency Leave and vaccines.
The conference is being held virtually again this year. For more information or to register, please visit the conference website.

Andrew Astritis Presents on Tort Law in the Workplace

Andrew Astritis Presents on Tort Law in the Workplace
On September 13, 2021, Andrew Astritis presented on the overlapping areas of tort law and labour law as part of Lancaster House’s “Torts Illustrated” webinar.
The webinar explored a range of issues, including the authority of labour arbitrators to award remedies for the kinds of wrongdoing and misconduct that are covered by tort law. Andrew’s panel also spoke about the establishment of new torts protecting privacy rights and the rules around when an employer can be held legally responsible for the misconduct of its employees.