Category Archives: Resources

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.

Morgan Rowe Presents on Pay Equity Legislation

On February 24, 2021, Morgan Rowe presented as part of a panel on pay equity issues in Canada, hosted by the University of Ottawa Association of Women and the Law and Employment Law Student’s Society. The panel discussed the ongoing work needed to address the gender pay gap, as well as the impacts of the recent federal Pay Equity Act and the Supreme Court of Canada’s 2018 decision striking down portions of Quebec’s pay equity legislation.

Andrew RavenAndrew Astritis and Morgan had appeared before the Supreme Court on behalf for the intervener, the Public Service Alliance of Canada, to argue in support of a Charter challenge during the Quebec pay equity case.

David Yazbeck to Moderate Webinar on Whistleblower Reward Programs

On March 17, 2021, David Yazbeck will be moderating a webinar on “The Expansion of Whistleblower Rewards in Canada, the US and Globally”. The webinar, presented by the Whistleblowing Canada Research Society, will focus particularly on the Ontario Securities Commission Whistleblower Program, as well as other similar programs.

David will be joined by host Paloma Raggo, assistant professor at Carleton University and the Director of Whistleblowers Canada; Mary Inman, a partner at Constantine Cannon LLP and head of the firm’s international whistleblower practice; and Shaifali Joshi-Clark, a senior forensic accountant in the Office of the Whistleblower of the Ontario Securities Commission.

More details about the webinar can be found here. Attendance at the webinar is free.

David Yazbeck Discusses Whistleblower Laws on @Risk Podcast

David Yazbeck was recently invited to speak about whistleblower laws on the @Risk Podcast, with host Jodi Butts. David spoke about the risks inherent in whistleblowing and the proper response – or lack of response – from legislatures or other bodies. As part of the same episode, Ms. Butts interviewed Dr. John O’Connor, who is the first recipient of the Centre for Free Expression Whistleblower Initiative’s Peter Bryce Prize for whistleblowing.

David is a leading practitioner in the area of whistleblower law. He is also a member of the Centre for Free Expression Whistleblower Initiative’s Steering Committee, along with a number of high-profile whistleblower advocates.

The @Risk episode featuring David and Dr. O’Connor can be found here, as well as on Apple and Google podcasts.

National Day of Mourning in Canada

April 28, 2021 marks the 30th National Day of Mourning in Canada. Community members are asked on this day to take some time to remember workers who have been killed, injured, or suffered illness due to workplace related hazards and occupational exposures.  

In the era of the Covid-19 pandemic, it has become especially apparent that some workers face greater risks when providing front line and essential services to the community. Many times, the workers who are placed in the most precarious positions are those that already face systemic barriers to equality.  Many are not able to work in the protection of their home, or access unpaid sick leave when providing care, food, transportation, and other vital services.  Frontline and essential workers have become ill, and some have even lost their lives due to work related exposures to the virus and other health hazards.

All Canadians should enjoy an equal right to workplaces that are safe, healthy, and respectful of every individual’s dignity. We encourage you to take some time today to reflect on the many sacrifices Canadian workers make when providing goods and services, and how you can demonstrate your support and commitment to the promotion of safe workplaces.