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LEGAL REPORT: LABOUR AND EMPLOYMENT "The commission very loudly said that this wasn't acceptable. It's only a matter of time before we see more of these." — CATHERINE COULTER, FRASER MILNER CASGRAIN LLP parts — essentially anything that could make its way into a defence system. At the centre of the regulations is a list of 26 "embargoed countries" whose citizens are forbidden from having access to U.S. military technology and information — even when that technology and information has been exported to Canadian companies in the defence sector. The list includes the usual suspects — Afghanistan, Cuba, Iran, Iraq, Sudan, North Ko- rea, Sri Lanka, and Zimbabwe, to name a few — and landed immigrants or citizens of Canada who work in the defence sector and maintain dual citizenship with any of the 26 listed countries can find themselves being quietly shifted from one department to another or suspended altogether to avoid con- travening ITAR. U.S. companies that violate their licence by doing business with a Canadian company that allows these in- dividuals improper clearance are subject to huge fines and face future licensing problems. Complying with ITAR has been a challenge for several Ca- CUTTING EDGE We Practise At the You are a corporate counsel, a lawyer who does not practice em ployment and labour law, or a member of a firm which has been conflicted out or does not have an office in Ontario. You have an important matter which requires representation you will be confident with. Kuretzky Vassos Henderson LLP is widely recognized as one of Canada's leading employment and labour law boutiques. We practise at the cutting edge assisting a wide spectrum of clients ranging from major corporate employers through to individual plaintiffs. Our practice includes employment contracts, wrongful dismissal, collective bargaining, labour board applications, arbitrations, adjudications, employment standards, health & safety, human rights and ADR. To discuss what we can do for you or your client, call Kuretzky Vassos Henderson LLP at (416) 865-0504. Kuretzky Vassos Henderson LLP Suite 1404, Yonge Richmond Centre, 151 Yonge Street, Toronto, Ontario, M5C 2W7 Telephone (416) 865-0504 Facsimile (416) 865-9567 www.kuretzkyvassos.com nadian companies, given that human rights legislation in this country prohibits an employer from asking about a person's citizenship or ethnic background in a job interview or screen- ing process. So what is a Canadian company handling U.S. de- fence technology or information to do to ensure it complies with both ITAR and Canadian human rights obligations? The answer is hard to come by. Even though agreements have been reached between the Canadian and U.S. governments that allow dual-citizen em- ployees of the Canadian Department of National Defence to have clearance to handle information and goods covered by ITAR, "so far, there's been no agreement on how to deal with this issue for Canadian companies," says Catherine Coulter, head of Fraser Milner Casgrain LLP's Ottawa employment and labour group. "If you're not DND, you're still caught up in this conundrum." She says ITAR is now "one of the biggest yet quietest issues hitting the radar of Canadian importers of U.S. defence-related articles and services," and that since Covering the widest range of topics … Now includes more than 5,500 cases! Also available on CD-ROM or Internet! Canadian Employment Law Stacey Reginald Ball, of the Ontario, British Columbia and Alberta Bars " … the most comprehensive text on employment law in Canada. It is carefully constructed and accurate." Canadian Bar Review Available in print and electronically, this one-stop reference provides a thorough survey of the law. It clearly analyzes current law and developing trends, suggesting potential avenues of attack as well as identifying potential weaknesses in the law. Updated regularly, the subject-matter is wide-ranging, all- encompassing, and addresses issues such as: wrongful dismissal fiduciary obligations tort law and vicarious liability issues remedies constitutional issues Order your copy today! www.canadalawbook.ca Prices subject to change without notice, and to applicable taxes. 44 OC T OBER 2008 www. C ANADIAN Law ye rmag.com BALL_Canadian Employment Law (CL 1-4sq).indd 1 9/4/08 10:04:37 AM