Canadian Lawyer

UPFRONT 10 www.canadianlawyermag.com OTTAWA UPDATE NEWS BRIEFS Comedian's jokes don't constitute discrimination Supreme Court finds Quebec comic's stand-up routines did not breach limits of free speech A QUEBEC comedian did not discrimi- nate against a young, handicapped singer by mocking him in his stand-up routine, the Supreme Court ruled on Oct 29 in finding that the Quebec Human Rights Tribunal did not have jurisdiction to proceed with the case. In a 5/4 decision in Ward v. Quebec (Commission des droits de la personne et des droits de la jeunesse), the majority of the Supreme Court found that Mike Ward's mocking of Jérémy Gabriel, a then-teenaged singer with a disability, did not constitute discrimination under the Quebec Charter of human rights and freedoms. "The principles that emerge from this judgement are the rights ones," said Julius Grey, senior partner at Grey Casgrain, s.e.n.c. in Montreal and counsel for the appellant. Notably, he said, the majority decision includes a broad interpretation of freedom of expression and a relatively narrow interpretation of the notion of discrimina- tion and dignity. It is important to set limits Supreme Court clarifies operational versus policy decisions A city's snow clearance and removal was an operational — and not a policy — decision, and therefore not immune from negligence claims, a unanimous Supreme Court ruled on Oct 21 in Nelson (City) v. Marchi. The decision clarified how core policy decisions should be determined in the context of a tort. The court "expresses more distinctly the evidentiary burden that a government will have to meet" to satisfy the requirements of a core policy decision versus an operational decision, said Jay Ralston, counsel for the intervener Ontario Trial Lawyers Association. Labour arbitrators' jurisdiction exclusive for human rights A human rights adjudicator did not have jurisdiction to decide a workplace discrimination complaint brought by a unionized healthcare aide, the Supreme Court of Canada ruled on Oct 22 in Northern Regional Health Authority v. Horrocks. The top court found that the exclusive jurisdiction of a labour arbitrator, appointed under a collective agreement, extends to adjudicating human rights disputes arising from such agreements unless otherwise stated in other legislation. Paul Champ, the respondent's counsel, anticipates the decision would result in workers filing "duty of fair representation" complaints against their unions in human rights disputes. Ottawa law prof wins book award In October, the Ontario Historical Society awarded its Huguenot Society of Canada Award to University of Ottawa law professor Natasha Bakht for her book In Your Face: Law, Justice, and Niqab-wearing Women in Canada. The award honours the best book or substantial article published in Ontario within the past three years, bringing public awareness to the principles of freedom of conscience and freedom of thought. It is the first book by Bakht, whose specific research interests intersect religious freedom and women's equality. Appeal courts can't limit scope of new trial Appellate courts cannot limit the scope of a new trial to a particular theory of liability on a single criminal charge, the Supreme Court of Canada ruled on Nov 5. In R. v. Cowan, a majority of the court found the accused should be sent back to trial on both of the Crown's theories of liability — principal offender or guilty party — even though Saskatchewan's court of appeal had dismissed its principal theory. "The majority of the Supreme Court seems to be saying here that a retrial… starts with a blank slate," said Thomas Hynes, counsel to Cowan. Federal Court order allows investigation of Google The Federal Court has granted an order requiring Google to produce records and written information relevant to a civil investigation by the Competition Bureau into Google's conduct relating to its online advertising business. The Bureau requires more information to determine whether Google's practices have impeded competition within Canada's online display advertising industry, leading to higher prices, reducing choice, hindering innovation for advertising technology services and harming advertisers, publishers and consumers. The Bureau had previously investigated Google's alleged anti-competitive conduct.

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