Collection Items

  • Article
    United States: Appeals Court Holds Canadian Employee of Canadian Subsidiary of a US Company Could Not Seek Whistleblower Protection Under Sarbanes-Oxley Act, Dodd-Frank Act, and California Law On February 6, 2024, the United States Court of Appeals for the Ninth Circuit affirmed the United States District Court for the Northern District of California’s dismissal of Tayo Daramola’s whistleblower retaliation claims under the Sarbanes-Oxley and Dodd-Frank Acts and under California law. (Daramola v. Oracle America, Inc., No. 22-15959 (9th Cir. 2024).)Background to the … Continue reading “United States: Appeals Court Holds Canadian...
    • Contributor: Friedman, Sarah
    • Date: 2024-02-28
  • Article
    Canada: Provincial Ban on Cultivating Cannabis for Personal Use Upheld as Constitutional On April 14, 2023, the Supreme Court of Canada unanimously upheld the constitutionality of Quebec’s ban on cultivating cannabis for personal use. The ban was part of the rubric of the Quebec government’s cannabis marketing monopoly. The ruling, which stems from the patchwork of provincial and territorial responses to the federal legalization of recreational cannabis … Continue reading “Canada: Provincial Ban on Cultivating Cannabis...
    • Contributor: Chalupovitsch, Michael
    • Date: 2023-05-02
  • Article
    Canada: Asylum Claims along Entire Canada-US Border Now Subject to Safe Third Country Agreement On March 24, 2023, in the context of the first official visit of U.S. President Joe Biden to Canada, both countries announced the implementation of an additional protocol to the Safe Third Country Agreement (STCA) that extends its application to the entire land border and much of the water borders between the United States and … Continue reading “Canada: Asylum Claims along Entire Canada-US...
    • Contributor: Chalupovitsch, Michael
    • Date: 2023-04-05
  • Article
    Canada: Bill Introduced to Allow Canadian Aid Workers to Work in Afghanistan On March 9, 2023, Canadian Public Safety Minister Marco Mendicino introduced Bill C-41, An Act to amend the Criminal Code and to make consequential amendments to other Acts in Canada’s House of Commons. The bill aims to allow aid workers to operate where a “terrorist group controls a geographic area” without being prosecuted for providing … Continue reading “Canada: Bill Introduced to Allow Canadian...
    • Contributor: Chalupovitsch, Michael
    • Date: 2023-04-03
  • Article
    Canada: Federal Government Considers Online Citizenship Oaths On February 25, 2023, Immigration, Citizenship and Refugees Canada (IRCC) published a regulatory proposal in the Canada Gazette that would allow the administration of the oath of citizenship to prospective citizens to be done in an online format without the presence of IRCC officials or a citizenship judge. IRCC, in its regulatory impact analysis statement, … Continue reading “Canada: Federal Government Considers Online Citizenship...
    • Contributor: Chalupovitsch, Michael
    • Date: 2023-03-28
  • Article
    Canada: Commission of Inquiry Finds 2022 Invocation of Emergencies Act Met 'Very High Threshold' On February 17, 2023, Ontario Court of Appeal Justice Paul Rouleau, acting as commissioner of the Public Order Emergency Commission, found that the situation in Ottawa and at key border crossings during the 2022 convoy protests met the “very high threshold” for the federal government’s invocation of the Emergencies Act for the first time in … Continue reading “Canada: Commission of Inquiry Finds 2022...
    • Contributor: Chalupovitsch, Michael
    • Date: 2023-03-19
  • Article
    Japan: Operator of Online Map of Bankrupt Persons Accused of Violating Personal Information Protection Law On January 11, 2023, Japan’s Personal Information Protection Commission (PIPC) filed a criminal complaint with the police against a person who ran a bankruptcy-tracking website in violation of the Personal Information Protection Act (PIPA, Act No. 57 of 2003), which has provisions to criminalize some violations. The website displayed a Google map with names, addresses, … Continue reading “Japan: Operator of Online Map of...
    • Contributor: Umeda, Sayuri
    • Date: 2023-02-16
  • Article
    Canada; Haiti: Canada Sanctions Haitian Elites for Ties to Organized Crime On November 3, 2022, the Canadian Cabinet, on the recommendation of the minister of foreign affairs, began the process of sanctioning an ever-growing list of Haitian political and business elites. The sanctions are being imposed under the authority of the Special Economic Measures (Haiti) Regulations and in accordance with the sanctions regime provided by the … Continue reading “Canada; Haiti: Canada Sanctions Haitian Elites...
    • Contributor: Chalupovitsch, Michael
    • Date: 2023-02-15
  • Article
    Canada: Supreme Court Holds Equitable Remedies Not Available to Correct Tax-Related Mistakes On June 17, 2022, the Supreme Court of Canada (SCC) released their decision in Canada (Attorney General) v. Collins Family Trust 2022 SCC 26. In an 8–1 decision, the court dismissed the availability of equitable rescission to correct tax-related mistakes that result in unexpected adverse tax consequences. Equitable rescission is a remedy that allows one … Continue reading “Canada: Supreme Court Holds Equitable Remedies...
    • Contributor: Chalupovitsch, Michael
    • Date: 2023-01-23
  • Article
    Canada: Parliament Enacts New Regulations Concerning Taxation of Foreign-Owned Residential Properties On December 15, 2022, the Canadian Parliament adopted Bill C-32, Fall Economic Statement Implementation Act, 2022. Part 3 of the bill made changes to the Underused Housing Tax Act (UHTA), which came into force on January 1, 2022.The UHTA provides that noncitizen or nonpermanent resident owners of residential property in Canada must pay an annual … Continue reading “Canada: Parliament Enacts New Regulations Concerning...
    • Contributor: Chalupovitsch, Michael
    • Date: 2023-01-10
  • Article
    Canada: Alberta Enacts Legislation to Opt Out of Enforcing Federal Law On December 15, 2022, the lieutenant governor of Alberta gave royal assent to Bill 1, the Alberta Sovereignty Within a United Canada Act, the first bill introduced by the United Conservative Party government under the new leadership of Premier Danielle Smith. The bill, which was subject to amendments before it completed the legislative process, allows the … Continue reading “Canada: Alberta Enacts Legislation to...
    • Contributor: Chalupovitsch, Michael
    • Date: 2023-01-05
  • Article
    Canada: Ontario Bill to Expand Mayoral Powers Receives Royal Assent On September 8, 2022, the Canadian province of Ontario’s Legislative Assembly passed Bill 3, Strong Mayors, Building Homes Act, 2022. The bill, which received royal assent by Lieutenant Governor Elizabeth Dowdeswell later on the same day, marks a significant change in the municipal governance of two of Canada’s largest cities, Toronto and Ottawa, by altering … Continue reading “Canada: Ontario Bill to Expand Mayoral...
    • Contributor: Chalupovitsch, Michael
    • Date: 2022-09-11
  • Article
    Canada: First Indigenous Justice Appointed to Supreme Court On August 19, 2022, Canadian Prime Minister Justin Trudeau announced his intent to nominate Ontario Superior Court Justice Michelle O’Bonsawin to the Supreme Court of Canada. The nomination will be formalized when Governor General Mary Simon accepts the recommendation from the federal cabinet. Justice O’Bonsawin, an Abenaki jurist from the Odanak Nation, will be the … Continue reading “Canada: First Indigenous Justice Appointed to...
    • Contributor: Chalupovitsch, Michael
    • Date: 2022-08-23
  • Article
    Canada: Federal Government Proposes New Firearms Control Bill On May 30, 2022, Bill C-21, An Act to Amend Certain Acts and to Make Certain Consequential Amendments (Firearms), was introduced in the Canadian House of Commons on behalf of Minister of Public Safety Marco Mendicino. The bill is a revised version of one that was introduced in February 2021 but did not progress beyond … Continue reading “Canada: Federal Government Proposes New Firearms...
    • Contributor: Ahmad, Tariq
    • Date: 2022-07-14
  • Article
    Canada: House of Commons Extends Hybrid Proceedings for Another Year On June 23, 2022, the Canadian House of Commons voted to extend its practice of having hybrid parliamentary proceedings until June 30, 2023. Canada’s Westminster-style parliament has existed with exclusively in-person debates, committee meetings, and votes since Confederation in 1867. When the COVID-19 pandemic first affected Canada in March 2020, the House of Commons was … Continue reading “Canada: House of Commons Extends Hybrid...
    • Contributor: Chalupovitsch, Michael
    • Date: 2022-07-12
  • Article
    Canada: Quebec Enacts Law Respecting Academic Freedom in Universities On June 7, 2022, the National Assembly of Quebec adopted Bill 32, An Act Respecting Academic Freedom in the University Sector. The bill was introduced by the Coalition Avenir Québec government of Premier François Legault in reaction to a 2020 incident at the University of Ottawa where a professor was suspended for using the N-word … Continue reading “Canada: Quebec Enacts Law Respecting Academic...
    • Contributor: Chalupovitsch, Michael
    • Date: 2022-06-29
  • Article
    Canada: Supreme Court Strikes Down Statutory Bar on Self-Induced Intoxication Defense On May 13, 2022, the Supreme Court of Canada rendered a unanimous decision in the case of R. v. Brown in which it declared section 33.1 of the Criminal Code — a statutory bar on using self-induced intoxication as a defense to violent crimes of general intent — “unconstitutional and of no force or effect … Continue reading “Canada: Supreme Court Strikes Down Statutory...
    • Contributor: Ahmad, Tariq
    • Date: 2022-06-23
  • Article
    Canada: Bill C-4 Banning Conversion Therapy Comes into Force On January 7, 2022, Bill C-4, a federal bill that amends Canada’s Criminal Code by creating new criminal offenses related to conversion therapy, came into effect. The new offenses include knowingly causing another person to undergo conversion therapy, promoting or advertising conversion therapy, and receiving financial or material benefit from conversion therapy. Minister of Justice … Continue reading “Canada: Bill C-4 Banning Conversion Therapy...
    • Contributor: Ahmad, Tariq
    • Date: 2022-01-19
  • Article
    United States: Canadian Government Invokes 1977 Pipeline Treaty in Ongoing Line 5 Pipeline Dispute On October 4, 2021, the Canadian government informed the U.S. District Court for the Northern District of Michigan that Canada would formally invoke Article IX of the 1977 Transit Pipelines Treaty in response to the state of Michigan’s revocation on November 13, 2020, of the 1953 easement it issued for the Line 5 pipeline.Michigan revoked … Continue reading “United States: Canadian Government Invokes 1977...
    • Contributor: Myers, Louis
    • Date: 2021-11-15
  • Article
    Canada: Supreme Court Upholds Constitutionality of Carbon Tax Participation Requirement for Provinces (June 23, 2021) On March 25, 2021, the Supreme Court of Canada, in a 6–3 decision, issued an opinion holding the 2018 Greenhouse Gas Pollution Pricing Act constitutional under Parliament’s residual power to make laws for “peace, order, and good government.” (References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11 (Decision); Greenhouse Gas Pollution […]
    • Contributor: Zarin, Jason
    • Date: 2021-06-23
  • Article
    International: First Labor Complaints Filed through United States-Mexico-Canada Agreement Rapid Response Labor Mechanism (June 3, 2021) On May 10, 2021, the American Federation of Labor and Congress of Industrialized Organizations (AFL-CIO) and other groups announced that they had filed the first labor complaint under the United States-Mexico-Canada Agreement (USMCA) Facility-Specific Rapid Response Labor Mechanism, alleging that workers at the Tridonex auto parts factory in Matamoros, Mexico, are being […]
    • Contributor: Boomer, Elizabeth
    • Date: 2021-06-03
  • Article
    Canada: Supreme Court Rules American Indian Tribe Member Has Constitutional Right to Hunt in Ancestral Territory without a License (May 5, 2021) On April 23, 2021, the Supreme Court of Canada issued an opinion holding that an American citizen who is a member of an American Indian tribe with ancestral connections to an aboriginal group in Canada was not subject to criminal penalties under a British Columbia conservation law for hunting on public land […]
    • Contributor: Price, Anna
    • Date: 2021-05-05
  • Article
    Canada: Government Reintroduces Bill to Amend Criminal Code Provisions on Medical Assistance in Dying (MAID) (Nov. 10, 2020) On October 5, 2020, the minister of justice and the attorney general of Canada reintroduced in the House of Commons Bill C-7, which amends the federal Criminal Code’s provisions on medical assistance in dying (MAID). The changes are the same as an earlier version of the bill proposed in the previous parliamentary […]
    • Contributor: Ahmad, Tariq
    • Date: 2020-11-10
  • Article
    Canada: Privacy Commissioner of Canada Publishes Consultation Paper, Seeks Feedback on Strengthening Privacy Laws to Address Artificial Intelligence Risks (Feb. 27, 2020) On January 28, 2020, the Office of the Privacy Commissioner of Canada (OPC) issued an announcement update stating that it “is seeking feedback on how Canada’s private sector privacy law could be strengthened to address risks related to the use of artificial intelligence.” Canada already has a number of laws at the […]
    • Contributor: Ahmad, Tariq
    • Date: 2020-02-27
  • Article
    Canada: Higher Standards Set for Workplace Diversity (Sept. 19, 2019) Effective January 1, 2020, all publicly traded companies regulated by the Canada Business Corporations Act (CBCA) must provide shareholders with details regarding the companies’ corporate policies on diversity among the board of directors and among senior management. In accordance with the passing of Bill C-25, An Act to Amend the Canada Business […]
    • Contributor: Ahmad, Tariq
    • Date: 2019-09-19