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Another victory for state lawyers in the Court of Appeal
Another victory for state lawyers in the Court of Appeal

The union of lawyers and notaries of the State has just won another victory, while the Court of Appeal upheld the judgment of the Superior Court which had invalidated the special law forcing their return to work, at the end of a long strike in 2017. Les avocats et notaires de l'État québécois (LANEQ) had walked out for four months, in 2016 and 2017, as part of a difficult negotiation to renew their collective agreement with the Quebec government.

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Publication date : 2021-04-08
COVID-compliant courts aim to clear backlog of jury trials

Canada’s wheels of justice have slowed down during the pandemic, as court cases and the legal system reckon with COVID-19 concerns. As Ross Lord reports, jury trials are trying to stage a comeback while adjusting to a new reality.

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Publication date : 2021-04-04
Crown attorneys to challenge letters of reprimand over October walkout
Crown attorneys to challenge letters of reprimand over October walkout

Sixty-one Nova Scotia Crown attorneys who walked off the job in October to protest legislation revoking their right to binding arbitration are challenging the discipline against them. Each Crown received a letter in April from Laura Lee Langley, Nova Scotia's public service commissioner, that will go into each of their personnel folders. The Crowns are seeking a judicial review of the discipline.

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Publication date : 2020-07-09
Ottawa to allow federal bureaucrats to work from home if possible to prevent coronavirus spread
Ottawa to allow federal bureaucrats to work from home if possible to prevent coronavirus spread

The roughly 300,000 federal employees will be told to stay away from their offices throughout the country as long as their job allows it.

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Publication date : 2020-03-13
Prosecutors Insulted by Government Salary Offer
Prosecutors Insulted by Government Salary Offer

Quebec crown prosecutors find the rejection of an independent report on their remuneration incomprehensible…

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Publication date : 2020-02-20
Supreme Court decision could help former N.S. Crown lawyer sue Premier, ex-justice minister for libe
Supreme Court decision could help former N.S. Crown lawyer sue Premier, ex-justice minister for libe

A Supreme Court of Canada decision could affect whether government lawyers can use confidential documents to defend their reputations if political bosses “throw them under the bus,” a law professor says.

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Publication date : 2020-02-19


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Appeal court sides with ex public servant denied leave to run for election

09-01-2017

Emilie Taman, the NDP's candidate in Ottawa—Vanier, says she's thankful for the support she received during her legal battle with the Public Service Commission. (CBC News)

 

The Federal Court of Appeal has ruled that the ​Public Service Commission acted unreasonably when it refused to grant former public servant Emilie Taman an unpaid leave of absence to run as a candidate in the 2015 federal election.

 

In October, the Federal Court ruled that the Public Service Commission used "proportionate balancing" when it denied Taman a leave of absence without pay to seek the federal NDP nomination in Ottawa—Vanier.

 

She had applied for a judicial review after losing her job when she decided to run against then Liberal incumbent Mauril Bélanger. Bélanger won the election but later died of ALS, or Lou Gehrig's disease.

 

In a judgment delivered in Ottawa last week, Justice J.D. Denis Pelletier allowed the appeal and set aside previous decisions, and awarded costs to Taman.

 

Pelletier concluded that the Public Service Commission didn't justify its refusal to grant Taman permission to seek elected office, and that the commission "did not distinguish between actual impairment of ... Taman's ability to perform her duties in a politically impartial manner and a perception of impairment of her ability to do so."

 

"I'm grateful for the support I received from the Association of Justice Counsel who chose to staunchly defend the rights of federal lawyers to fully participate in the democratic process," Taman is quoted saying in a news release issued Monday.

 

Taman is now a professor of criminal law at the University of Ottawa and is the NDP's candidate in the upcoming federal byelection in the riding of Ottawa—Vanier.

 

https://www.cbc.ca/news/canada/ottawa/emilie-taman-unpaid-leave-appeal-public-service-1.3927238