This document summarizes a presentation on recent Canadian case law relevant to college and university student services given by Dan Michaluk. The summary covers cases related to Charter application to post-secondary institutions, freedom of expression, jurisdiction over off-campus conduct, substantive and procedural fairness in decision making. Key points include clarification of when the Charter applies to universities and colleges, limits on restricting expression, assessing connections between off-campus conduct and institutional interests, requirements for reasonable decisions and fair processes. Contact information is provided for Dan Michaluk to obtain further details.
Sm. mukul dutta_gupta_and_ors._vs_indian_airlines_corporation_on_11_august,_1961Jaspinder Singh Sidhu
- The plaintiffs sued the defendant airline corporation for damages after their family member was killed in a plane crash.
- The crash occurred when the plane landed at an airport. The investigation found the co-pilot, who was not qualified to land the plane, was negligent in his landing actions.
- One of the issues in the case was whether the conditions of carriage printed on the ticket were valid and binding. The court found the defendant took reasonable steps to notify passengers of the conditions.
Gujarat High Court judgment on Reliance Jio 4G towerFlame Of Truth
Gujarat high court on Friday directed the state government and the Centre to create public awareness that they have no reason to fear the emission of radio active waves from mobile tower. The HC ordered so with observation that the use of the mobile phone, AM Radio, FM Radio etc. is more harmful to the human beings compared to the power emission from the Base Transceiver Stations and that of mobile towers...
Social media – issues and trends caus 2014Dan Michaluk
This document summarizes key issues around social media and student expression from a presentation given on September 19, 2014. It discusses how university policies address student expression online and the different interests universities seek to protect. It also covers best practices for gathering social media evidence and other trends to watch, such as the proliferation of university social media accounts. Case law citations are provided that relate to universities' ability to regulate off-campus student expression and their jurisdiction over reputational interests.
This document provides an overview of employment relations for educators in South Africa. It discusses individual employment contracts and terms/conditions for educators, workplace discipline procedures that must be fair and lawful, and collective bargaining through organizations. Dr. Muavia Gallie from Tshwane University of Technology presented on employment of educators, covering individual rights and responsibilities, grievance processes, serious vs. less serious misconduct consequences, and requirements for fair dismissal procedures. Collective employment was also reviewed regarding freedom of association, bargaining councils, and regulated rights to strike.
Criminal Background Checks in the Hiring Process: The Escalating Risks CT
Employers’ use of criminal background checks in the hiring process is creating growing exposure to liability on several fronts. The Equal Employment Opportunity Commission (EEOC) is pursuing the issue aggressively as a centerpiece of its enforcement initiatives, asserting that the practice has a disparate impact on minority applicants, which violates Title VII of the Civil Rights Act of 1964.
Through our tenure as the leader in business and legal compliance, CT has amassed an unsurpassed wealth of knowledge. We share this institutional expertise with you with our live seminars and webinars.
This document provides an overview of legal and policy issues in academic affairs. It discusses the importance of understanding legal risks, institutional policies and procedures, and the rights of faculty and students. Key topics covered include non-renewal of contracts, affirmative action, academic freedom, sexual harassment, due process, and policy design. The document emphasizes that understanding applicable laws, policies and preferred practices is crucial for administrators to make well-informed decisions and avoid legal issues.
Education law conference, March 2017 - Nottingham - What to do when it all go...Browne Jacobson LLP
This session looked at the rise of regulation and the more proactive approach of the consumer in the 21st century, the school's obligations and what to do when faced with an allegation.
Sm. mukul dutta_gupta_and_ors._vs_indian_airlines_corporation_on_11_august,_1961Jaspinder Singh Sidhu
- The plaintiffs sued the defendant airline corporation for damages after their family member was killed in a plane crash.
- The crash occurred when the plane landed at an airport. The investigation found the co-pilot, who was not qualified to land the plane, was negligent in his landing actions.
- One of the issues in the case was whether the conditions of carriage printed on the ticket were valid and binding. The court found the defendant took reasonable steps to notify passengers of the conditions.
Gujarat High Court judgment on Reliance Jio 4G towerFlame Of Truth
Gujarat high court on Friday directed the state government and the Centre to create public awareness that they have no reason to fear the emission of radio active waves from mobile tower. The HC ordered so with observation that the use of the mobile phone, AM Radio, FM Radio etc. is more harmful to the human beings compared to the power emission from the Base Transceiver Stations and that of mobile towers...
Social media – issues and trends caus 2014Dan Michaluk
This document summarizes key issues around social media and student expression from a presentation given on September 19, 2014. It discusses how university policies address student expression online and the different interests universities seek to protect. It also covers best practices for gathering social media evidence and other trends to watch, such as the proliferation of university social media accounts. Case law citations are provided that relate to universities' ability to regulate off-campus student expression and their jurisdiction over reputational interests.
This document provides an overview of employment relations for educators in South Africa. It discusses individual employment contracts and terms/conditions for educators, workplace discipline procedures that must be fair and lawful, and collective bargaining through organizations. Dr. Muavia Gallie from Tshwane University of Technology presented on employment of educators, covering individual rights and responsibilities, grievance processes, serious vs. less serious misconduct consequences, and requirements for fair dismissal procedures. Collective employment was also reviewed regarding freedom of association, bargaining councils, and regulated rights to strike.
Criminal Background Checks in the Hiring Process: The Escalating Risks CT
Employers’ use of criminal background checks in the hiring process is creating growing exposure to liability on several fronts. The Equal Employment Opportunity Commission (EEOC) is pursuing the issue aggressively as a centerpiece of its enforcement initiatives, asserting that the practice has a disparate impact on minority applicants, which violates Title VII of the Civil Rights Act of 1964.
Through our tenure as the leader in business and legal compliance, CT has amassed an unsurpassed wealth of knowledge. We share this institutional expertise with you with our live seminars and webinars.
This document provides an overview of legal and policy issues in academic affairs. It discusses the importance of understanding legal risks, institutional policies and procedures, and the rights of faculty and students. Key topics covered include non-renewal of contracts, affirmative action, academic freedom, sexual harassment, due process, and policy design. The document emphasizes that understanding applicable laws, policies and preferred practices is crucial for administrators to make well-informed decisions and avoid legal issues.
Education law conference, March 2017 - Nottingham - What to do when it all go...Browne Jacobson LLP
This session looked at the rise of regulation and the more proactive approach of the consumer in the 21st century, the school's obligations and what to do when faced with an allegation.
This document discusses principles of effective client service delivery in the community sector. It covers several key points:
- Client services must be consistent with their needs and rights, and contact must be within accepted codes of conduct. Clients should direct interventions where able.
- Workers will empower clients to make decisions affecting their lives, and all services must uphold statutory requirements and the organization's reputation.
- Accurate and up-to-date information must be provided regarding service options. Appropriate documentation must be completed and reviewed to ensure quality of services.
- Organizations must provide equitable access to all eligible clients according to access and equity guidelines. Client feedback is valued to identify areas for improvement.
This document provides an overview of ethics and ethical conduct. It discusses the importance of ethics, defines ethics, and outlines principles of ethical conduct including avoiding conflicts of interest. It uses scenarios to explore ethical dilemmas around using university resources for personal gain, unfair distribution of benefits, conflicts of interest, and maintaining confidentiality. The document emphasizes creating an ethical environment and culture through standards of conduct, training, and addressing concerns regarding unethical behavior.
This document discusses several topics related to ensuring accountability and oversight in juvenile facilities, including:
1) State-run facilities face more scrutiny than private facilities from courts, regulators, and advocacy groups. Managers must follow their organization's mission and hold staff accountable.
2) Ombudsmen and advocacy groups give youth a voice to report issues without litigation and can investigate complaints and push for improvements more quickly than lawsuits.
3) Facilities pursue accreditation through organizations to demonstrate they follow professional standards, which can improve conditions and operations but requires a lengthy review process.
4) Performance measures are used to collect data on goals like safety, programming, and rehabilitation to evaluate facilities and compare them nationally.
Education law conference, March 2017 - Manchester - What to do when it all go...Browne Jacobson LLP
This session looked at the rise of regulation and the more proactive approach of the consumer in the 21st century, the school's obligations and what to do when faced with an allegation.
The document discusses various aspects of discrimination and accommodation under Ontario's human rights laws. It defines discrimination, adverse impact discrimination, and undue hardship. It outlines the duty to accommodate persons with disabilities, including principles of individualization, dignity, and integration. It lists the obligations of employers and individuals in the accommodation process. Finally, it discusses what constitutes harassment and provides examples of sexual and gender harassment.
The Law of Contracts in College and University AdmissionForrest Stuart
The alumnus representing the college at a fair told a student that they would have no problem being admitted with a SAT score of 1350. However, when the student applied they were denied due to a low GPA of 2.35 with few AP courses. The student is upset.
The alumnus would likely be considered an agent of the college since they were representing the college at an official event. However, the alumnus' statement promising admission went beyond their apparent authority since admission materials did not provide definitive cut-offs. An oral contract could potentially be found since the student applied in reliance on the statement, though admission criteria were left vague. Institutions should clearly define admission policies and train representatives to avoid
This document discusses the need for a centralized database to document judges' treatment of law clerks. It describes the current lack of information available to law students applying for clerkships. The Legal Accountability Project aims to address this by creating a database where law clerk alumni can submit reports about their experiences, and students can access this information. The database will help students identify and avoid judges with histories of misconduct. It will also help increase diversity among clerk applicants and in chambers. The response to the project has been positive from students, some law schools, and judges.
Laverne Jacobs - Self-Representation and Procedural Fairness - Developing an ...Laverne Jacobs
1) Administrative actors must ensure procedural fairness for self-represented litigants (SRLs) by ensuring their inclusion, fulfilling their duty to inquire, and using active adjudication.
2) To prevent unfairness, administrative actors should avoid entering into disputes and prevent reasonable perceptions of bias.
3) Administrative actors can disengage from an SRL only in cases of abuse of process, issue estoppel, impermissible collateral attacks, vexatious litigation, or lack of civility.
4) A framework for administrative justice proposes that institutions strive to be empathetic, trauma-informed, self-reflective, and transparent.
1) Due process and Title IX are legal principles that require fair procedures be followed when making disciplinary decisions regarding students.
2) Procedural due process involves notice and a fair hearing, while substantive due process examines whether rules are fair, serve an educational purpose, and are applied equitably.
3) For long-term suspensions and expulsions, students have rights like presenting evidence and facing witnesses at an appeal hearing. Schools must demonstrate expulsion decisions are not racially motivated.
Maintaining the Business Case for Equality - Reducing Risk and Ensuring Compl...SWF
The document discusses the dismantling of individual rights and attacks on equality and human rights in the UK. It summarizes the findings of a review of the Public Sector Equality Duty (PSED) in Wales, which found that the PSED raised the profile of equality and provided a structure for equality work, but that organizations faced challenges from a lack of clear guidance. It also outlines budget savings from various welfare reforms in the UK totaling over £5 billion.
The Legal Implications of Web Accessibility. FMJ Law + ArcStoneJenna Christensen
ArcStone hosted an event last March on the importance of web accessibility in digital marketing. FMJ Law contributed their expertise. Here's what you need to know about the law in terms of accessibility.
The impact of Cheshire West; DoL & Court of Protection and liabilities - Elde...Browne Jacobson LLP
The document discusses the Care Quality Commission's (CQC) approach to monitoring compliance with the Mental Capacity Act (MCA) and Deprivation of Liberty Safeguards (DoLS). The CQC will assess providers on their understanding of the MCA and efforts to avoid unnecessary deprivation of liberty. They expect local authorities to address the backlog of DoLS requests and for providers to work within the MCA framework. The CQC incorporated the MCA into their new ratings system by including it as a key line of inquiry under the "Effective" domain. Common issues found in inspections include lack of capacity assessments and involvement of individuals in best interests decisions. Overall, the CQC aims to ensure people's liberty is only restricted in accordance with the
This document discusses emerging legal trends affecting the workplace presented by Mark Bakker of Wyche, P.A. It outlines increased regulatory scrutiny from agencies like the DOL, EEOC, and NLRB. The DOL is cracking down on misclassifying independent contractors and the EEOC is providing guidance on criminal background checks. The NLRB is also showing signs of more aggressive enforcement of labor laws. Emerging issues around social media, BYOD policies, same-sex marriage benefits, and anti-bullying initiatives are also discussed. Bakker provides best practices for various policies and compliance in this new legal landscape.
This document summarizes a presentation on educational management given by Dr. Muavia Gallie at Tshwane University of Technology. The presentation covered: [1] individual employment relations in education, including educators' rights and duties, terms of employment, and grievance procedures; [2] workplace discipline processes and potential sanctions; and [3] collective employment relations, including bargaining councils and the right to strike. The document provides an overview of the key topics and concepts discussed in the presentation.
an Institutional Review Board plays a crucial role in safeguarding the ethical conduct of research involving human participants. Its primary focus is to protect the rights, safety, and well-being of individuals who volunteer to participate in research studies while simultaneously promoting the advancement of knowledge.
Ecno cyber - 23 June 2023 - djm(137852631.1).pptxDan Michaluk
One hour presentation to IT professionals at Ontario school boards. Covers labour issues in MFA rollout, threat information sharing and business e-mail compromises and PHIPA.
Critical Issues in School Board Cyber SecurityDan Michaluk
An hour presentation to school board officials in Ontario on cyber security issues, covering the threat environment, defense, incident response, threat information sharing and vendor issues.
This document discusses principles of effective client service delivery in the community sector. It covers several key points:
- Client services must be consistent with their needs and rights, and contact must be within accepted codes of conduct. Clients should direct interventions where able.
- Workers will empower clients to make decisions affecting their lives, and all services must uphold statutory requirements and the organization's reputation.
- Accurate and up-to-date information must be provided regarding service options. Appropriate documentation must be completed and reviewed to ensure quality of services.
- Organizations must provide equitable access to all eligible clients according to access and equity guidelines. Client feedback is valued to identify areas for improvement.
This document provides an overview of ethics and ethical conduct. It discusses the importance of ethics, defines ethics, and outlines principles of ethical conduct including avoiding conflicts of interest. It uses scenarios to explore ethical dilemmas around using university resources for personal gain, unfair distribution of benefits, conflicts of interest, and maintaining confidentiality. The document emphasizes creating an ethical environment and culture through standards of conduct, training, and addressing concerns regarding unethical behavior.
This document discusses several topics related to ensuring accountability and oversight in juvenile facilities, including:
1) State-run facilities face more scrutiny than private facilities from courts, regulators, and advocacy groups. Managers must follow their organization's mission and hold staff accountable.
2) Ombudsmen and advocacy groups give youth a voice to report issues without litigation and can investigate complaints and push for improvements more quickly than lawsuits.
3) Facilities pursue accreditation through organizations to demonstrate they follow professional standards, which can improve conditions and operations but requires a lengthy review process.
4) Performance measures are used to collect data on goals like safety, programming, and rehabilitation to evaluate facilities and compare them nationally.
Education law conference, March 2017 - Manchester - What to do when it all go...Browne Jacobson LLP
This session looked at the rise of regulation and the more proactive approach of the consumer in the 21st century, the school's obligations and what to do when faced with an allegation.
The document discusses various aspects of discrimination and accommodation under Ontario's human rights laws. It defines discrimination, adverse impact discrimination, and undue hardship. It outlines the duty to accommodate persons with disabilities, including principles of individualization, dignity, and integration. It lists the obligations of employers and individuals in the accommodation process. Finally, it discusses what constitutes harassment and provides examples of sexual and gender harassment.
The Law of Contracts in College and University AdmissionForrest Stuart
The alumnus representing the college at a fair told a student that they would have no problem being admitted with a SAT score of 1350. However, when the student applied they were denied due to a low GPA of 2.35 with few AP courses. The student is upset.
The alumnus would likely be considered an agent of the college since they were representing the college at an official event. However, the alumnus' statement promising admission went beyond their apparent authority since admission materials did not provide definitive cut-offs. An oral contract could potentially be found since the student applied in reliance on the statement, though admission criteria were left vague. Institutions should clearly define admission policies and train representatives to avoid
This document discusses the need for a centralized database to document judges' treatment of law clerks. It describes the current lack of information available to law students applying for clerkships. The Legal Accountability Project aims to address this by creating a database where law clerk alumni can submit reports about their experiences, and students can access this information. The database will help students identify and avoid judges with histories of misconduct. It will also help increase diversity among clerk applicants and in chambers. The response to the project has been positive from students, some law schools, and judges.
Laverne Jacobs - Self-Representation and Procedural Fairness - Developing an ...Laverne Jacobs
1) Administrative actors must ensure procedural fairness for self-represented litigants (SRLs) by ensuring their inclusion, fulfilling their duty to inquire, and using active adjudication.
2) To prevent unfairness, administrative actors should avoid entering into disputes and prevent reasonable perceptions of bias.
3) Administrative actors can disengage from an SRL only in cases of abuse of process, issue estoppel, impermissible collateral attacks, vexatious litigation, or lack of civility.
4) A framework for administrative justice proposes that institutions strive to be empathetic, trauma-informed, self-reflective, and transparent.
1) Due process and Title IX are legal principles that require fair procedures be followed when making disciplinary decisions regarding students.
2) Procedural due process involves notice and a fair hearing, while substantive due process examines whether rules are fair, serve an educational purpose, and are applied equitably.
3) For long-term suspensions and expulsions, students have rights like presenting evidence and facing witnesses at an appeal hearing. Schools must demonstrate expulsion decisions are not racially motivated.
Maintaining the Business Case for Equality - Reducing Risk and Ensuring Compl...SWF
The document discusses the dismantling of individual rights and attacks on equality and human rights in the UK. It summarizes the findings of a review of the Public Sector Equality Duty (PSED) in Wales, which found that the PSED raised the profile of equality and provided a structure for equality work, but that organizations faced challenges from a lack of clear guidance. It also outlines budget savings from various welfare reforms in the UK totaling over £5 billion.
The Legal Implications of Web Accessibility. FMJ Law + ArcStoneJenna Christensen
ArcStone hosted an event last March on the importance of web accessibility in digital marketing. FMJ Law contributed their expertise. Here's what you need to know about the law in terms of accessibility.
The impact of Cheshire West; DoL & Court of Protection and liabilities - Elde...Browne Jacobson LLP
The document discusses the Care Quality Commission's (CQC) approach to monitoring compliance with the Mental Capacity Act (MCA) and Deprivation of Liberty Safeguards (DoLS). The CQC will assess providers on their understanding of the MCA and efforts to avoid unnecessary deprivation of liberty. They expect local authorities to address the backlog of DoLS requests and for providers to work within the MCA framework. The CQC incorporated the MCA into their new ratings system by including it as a key line of inquiry under the "Effective" domain. Common issues found in inspections include lack of capacity assessments and involvement of individuals in best interests decisions. Overall, the CQC aims to ensure people's liberty is only restricted in accordance with the
This document discusses emerging legal trends affecting the workplace presented by Mark Bakker of Wyche, P.A. It outlines increased regulatory scrutiny from agencies like the DOL, EEOC, and NLRB. The DOL is cracking down on misclassifying independent contractors and the EEOC is providing guidance on criminal background checks. The NLRB is also showing signs of more aggressive enforcement of labor laws. Emerging issues around social media, BYOD policies, same-sex marriage benefits, and anti-bullying initiatives are also discussed. Bakker provides best practices for various policies and compliance in this new legal landscape.
This document summarizes a presentation on educational management given by Dr. Muavia Gallie at Tshwane University of Technology. The presentation covered: [1] individual employment relations in education, including educators' rights and duties, terms of employment, and grievance procedures; [2] workplace discipline processes and potential sanctions; and [3] collective employment relations, including bargaining councils and the right to strike. The document provides an overview of the key topics and concepts discussed in the presentation.
an Institutional Review Board plays a crucial role in safeguarding the ethical conduct of research involving human participants. Its primary focus is to protect the rights, safety, and well-being of individuals who volunteer to participate in research studies while simultaneously promoting the advancement of knowledge.
Ecno cyber - 23 June 2023 - djm(137852631.1).pptxDan Michaluk
One hour presentation to IT professionals at Ontario school boards. Covers labour issues in MFA rollout, threat information sharing and business e-mail compromises and PHIPA.
Critical Issues in School Board Cyber SecurityDan Michaluk
An hour presentation to school board officials in Ontario on cyber security issues, covering the threat environment, defense, incident response, threat information sharing and vendor issues.
Higher Education Sexual Violence PresentationDan Michaluk
This document summarizes a presentation on institutional policy and liability regarding sexual assault on campus. It discusses key policy issues around confidentiality and control, non-disclosure agreements, and running fair hearings. It also reviews relevant legislation and case law from universities in Manitoba, Windsor, and the US. The presentation aims to help institutions balance survivor agency, risk management, and procedural fairness in their policies and practices.
Cyber class action claims at an inflection pointDan Michaluk
This document summarizes three Ontario court cases related to privacy class actions and data breaches. The first case found that the defendant's response to a data breach was exemplary and that plaintiffs failed to prove compensable damages or that identity theft was caused by the breach. The second and third cases found that failures to prevent data intrusions do not constitute the intentional tort of intrusion upon seclusion, and that vicarious liability does not apply to actions of former employees. These cases set precedents that make it difficult for plaintiffs to win privacy class actions in Ontario. The document discusses implications for data breach responses and potential alternatives to class actions for enabling justice around privacy issues.
One hour presentation to Ontario public sector institutions that looks at the privacy and security implications the main information flows associated with COVID-19 workplace health and safety.
Cyber security for the regulator and regulated - Ontario Regulatory Authorit...Dan Michaluk
This document summarizes a presentation on cyber security for regulators and regulated organizations. It outlines the significant ransomware threat, with attacks and ransom payments increasing substantially. It describes common inside and outside security threats organizations face from issues like errant emails, loss of devices, and malware. The presentation emphasizes the importance of having a comprehensive cyber security program with clear roles and accountability, ongoing risk assessment, and adherence to policies. It also stresses the value of having an incident response plan in place in case of a security breach, and outlines best practices for responding to ransomware attacks.
Here's a one hour presentation to Canadian municipal lawyers on the union right of access to information that arises under labour law and how it has fared against employee privacy claims.
This document summarizes a presentation on cybersecurity risk governance. It discusses the high degree of risk boards face from cyber attacks, noting a large increase in ransomware attacks and payments in 2020. The ransomware threat is very high. Public sectors are primary targets due to weaker defenses from budget pressures. Cyber attacks can cause privacy failures, reputational problems, high response costs, and civil liability. The presentation then provides an overview of key cybersecurity concepts for boards like asset management, defense in depth, and the NIST Cybersecurity Framework. It examines how boards can provide oversight in each framework area such as identifying critical data and access controls for protecting information.
Cyber Incident Response - When it happens, will you be ready?Dan Michaluk
Campbell from IT called the presenter on a Saturday to report that key servers at their organization, including the email and file servers, were inaccessible. A cryptic note was left demanding payment to regain access, indicating a potential ransomware attack. The presenter is advised to have Campbell contain the incident by disconnecting from the internet, not make any payments, and call in expert help from lawyers and incident response specialists to properly investigate and mitigate the risks. The presentation then outlines the typical incident response process and provides tips on internal communication, notifying affected individuals, and having an incident response plan in place ahead of time.
1 hours presentation to IT security and law enforcement audience on how access to information legislation and related pressures affect public bodies in Canada.
The privacy and security implications of AI, big data and predictive analyticsDan Michaluk
This document discusses the privacy and security implications of AI, big data, and predictive analytics in the workplace. It provides an overview of workplace privacy law in Canada, including statutes that govern the handling of employee personal information. While no Canadian law directly addresses AI and predictive analytics, statutes support employee control over personal information not related to employment and transparent data processing. The document examines potential AI applications in fraud detection, data security, process automation, and employee retention. It also discusses challenges around collecting and using employee data for AI models and the possibility of future AI regulation in Canada.
Advocates' Society Tricks of the Trade 2019 - A Privacy UpdateDan Michaluk
This document summarizes key issues regarding privacy law in Canada. It discusses two questions: whether evidence obtained in breach of privacy would be excluded in non-criminal cases, and what has been learned about the elements and defenses of the intrusion upon seclusion tort since a recent case. Regarding the first question, the document concludes evidence is rarely excluded. For the second question, it outlines the elements and defenses established in the recent case, and analyzes how subsequent cases have applied those standards.
Privacy, Data Security and Anti-Spam ComplianceDan Michaluk
45 min prez to compliance professionals at Canadian financial institutions. A survey presentation covering privacy, data security and anti-spam (CASL).
I hate the term "breach" - please call it a "security incident" - but the term "breach coach" is certainly ingrained. Posting today's presentation on the role of the coach as I step out the door to an insurance sector event.
Who is the "health information custodian" when an institution with an educational mandate provides health care? PHIPA gives institutions choice. Here's a presentation i gave yesterday in which I argue that the institution (and not its practitioners) should assume the role of the HIC.
Privacy, Data Security and Anti-Spam ComplianceDan Michaluk
This document discusses privacy, data security, and anti-spam compliance. It covers privacy legislation in Canada including PIPEDA, and outlines new provisions regarding applicants for employment and sharing personal information to investigate breaches of law. Regarding data security, it discusses regulatory frameworks and standards from OSFI, CSA, and PIPEDA. Breach notification requirements are outlined. Finally, the document discusses CASL spam regulation including express consent requirements and recent enforcement actions.
This document provides tips and tools for collecting internet evidence. It discusses using WHOIS searches to find information about domain registrants, the Wayback Machine for archived website snapshots, reverse image searches to verify identities, and various social media search tools like AllMyTweets, Knowem, and Social Searcher. The document cautions that only clients, not assistants, should directly access online accounts and platforms. It also includes an ethics scenario about using a relative's friendship on Facebook to view information about a plaintiff.
Tired of chasing down expiring contracts and drowning in paperwork? Mastering contract management can significantly enhance your business efficiency and productivity. This guide unveils expert secrets to streamline your contract management process. Learn how to save time, minimize risk, and achieve effortless contract management.
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Efficient PHP Development Solutions for Dynamic Web ApplicationsHarwinder Singh
Unlock the full potential of your web projects with our expert PHP development solutions. From robust backend systems to dynamic front-end interfaces, we deliver scalable, secure, and high-performance applications tailored to your needs. Trust our skilled team to transform your ideas into reality with custom PHP programming, ensuring seamless functionality and a superior user experience.
During the budget session of 2024-25, the finance minister, Nirmala Sitharaman, introduced the “solar Rooftop scheme,” also known as “PM Surya Ghar Muft Bijli Yojana.” It is a subsidy offered to those who wish to put up solar panels in their homes using domestic power systems. Additionally, adopting photovoltaic technology at home allows you to lower your monthly electricity expenses. Today in this blog we will talk all about what is the PM Surya Ghar Muft Bijli Yojana. How does it work? Who is eligible for this yojana and all the other things related to this scheme?
High-Quality IPTV Monthly Subscription for $15advik4387
Experience high-quality entertainment with our IPTV monthly subscription for just $15. Access a vast array of live TV channels, movies, and on-demand shows with crystal-clear streaming. Our reliable service ensures smooth, uninterrupted viewing at an unbeatable price. Perfect for those seeking premium content without breaking the bank. Start streaming today!
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Unlocking WhatsApp Marketing with HubSpot: Integrating Messaging into Your Ma...Niswey
50 million companies worldwide leverage WhatsApp as a key marketing channel. You may have considered adding it to your marketing mix, or probably already driving impressive conversions with WhatsApp.
But wait. What happens when you fully integrate your WhatsApp campaigns with HubSpot?
That's exactly what we explored in this session.
We take a look at everything that you need to know in order to deploy effective WhatsApp marketing strategies, and integrate it with your buyer journey in HubSpot. From technical requirements to innovative campaign strategies, to advanced campaign reporting - we discuss all that and more, to leverage WhatsApp for maximum impact. Check out more details about the event here https://events.hubspot.com/events/details/hubspot-new-delhi-presents-unlocking-whatsapp-marketing-with-hubspot-integrating-messaging-into-your-marketing-strategy/
The report *State of D2C in India: A Logistics Update* talks about the evolving dynamics of the d2C landscape with a particular focus on how brands navigate the complexities of logistics. Third Party Logistics enablers emerge indispensable partners in facilitating the growth journey of D2C brands, offering cost-effective solutions tailored to their specific needs. As D2C brands continue to expand, they encounter heightened operational complexities with logistics standing out as a significant challenge. Logistics not only represents a substantial cost component for the brands but also directly influences the customer experience. Establishing efficient logistics operations while keeping costs low is therefore a crucial objective for brands. The report highlights how 3PLs are meeting the rising demands of D2C brands, supporting their expansion both online and offline, and paving the way for sustainable, scalable growth in this fast-paced market.
1Q24_HYUNDAI CAPITAL SERVICES INC. AND SUBSIDIARIES
CACUSS 2013 - Case Law Review
1. Canadian Association of College and
University Student Services 2013
Canadian Case Law Review
Dan Michaluk
June 17, 2013
2. CACUSS 2013 – Case Law Review
Outline
• Charter application to colleges and universities
• Freedom of expression
• Off campus conduct
• Substantive review of an administrative decision
• Procedural fairness
3. CACUSS 2013 – Case Law Review
Charter application
• Particularly relevant to privacy (search) and
expression issues
• Applies two ways
a) The entity is government (a matter of control)
b) The entity is performing an “inherently
governmental action” (Eldridge, SCC 1997)
• Clarity on “a” and some recent cases on “b”
4. CACUSS 2013 – Case Law Review
Charter application
• Are colleges and universities government?
• Little debate about colleges since Douglas
College, SCC 1990 – “part of the apparatus of
government in form and fact”
• McKinney, SCC 1990 says that universities are not
“organs of government” even though they are
incorporated under statute and “perform an
important public service”
5. CACUSS 2013 – Case Law Review
Charter application
• When does the Charter govern action?
• Inherently governmental action
• Action that is “instigated by government”
(Stoffman, SCC 1990) as opposed to discretionary
action, even if subject to government approval
• Looking for a “direct and… precisely-defined
connection” between government policy and action
(Eldridge)
6. CACUSS 2013 – Case Law Review
Charter application
• Pridgen, ABCA 2012
• Discipline for online attacks on professors
• 3/3 judges find decision to be unreasonable
• 1/3 judges also says the university acted “within
the framework of statutory compulsion”
• What does it mean?
• Charter finding obiter and non-binding in Alberta
• Charter finding is based on unique statutory context
7. CACUSS 2013 – Case Law Review
Charter application
• Telfer, ONSC 2012
• UWO regulation of student conduct is not
governmental for purpose of the Charter
• Despite UWO Act provision granting the power to
govern “orderly conduct” of persons
• Court distinguishes the statutory scheme on
which the Prigden finding rests
8. CACUSS 2013 – Case Law Review
Charter application
• Lobo, ONCA 2012
• CU denies use of space to espouse social, moral
and political views
• Plaintiff pleads exercise of powers under CU Act
and PSECE Act
• Pleadings fail to disclose how CU has effected a
specific government program or statutory scheme
• Pridgen rested on a different statutory scheme
9. CACUSS 2013 – Case Law Review
Charter application
• AlGhaithy, ONSC 2012
• Charter challenge brought as part of challenge to
academic decision (failure of six year residence
program in year five)
• Court rejects argument that university is acting as
agent for government in training physicians
• UofO is autonomous in its academic activity
• Pridgen rested on different statutory scheme
10. CACUSS 2013 – Case Law Review
Freedom of expression
• Whatcott, SCC 2013
• Statutory prohibition on expression “that exposes
or tends to expose to hatred”
• W subject to complaint for distributing four flyers
objecting to inclusion of homosexuality in public
school curriculum
• W attacks legislation based on 2(b) and 2(a)...
argues over-breadth and vagueness
11. CACUSS 2013 – Case Law Review
Freedom of expression
• Whatcott, SCC 2013
• Judicial narrowing of the standard for prohibition
• Would a reasonable person, aware of the
circumstances, view the expression as likely to
expose a person... to detestation and vilification?
• More than mere disparagement and more than
expression that merely “ridicules, belittles or affronts
dignity”
12. CACUSS 2013 – Case Law Review
Freedom of expression
• Whatcott, SCC 2013
• More general guidance for decision-makers
addressing expression issues
• Focus on the likely effect of the expression as
opposed to the repugnancy of the ideas expressed
• Look at the expression in its full context to
understand potential harm – satirical? private
setting? repetition?
13. CACUSS 2013 – Case Law Review
Freedom of expression
• Government can impose very limited restrictions
on expression in public
• The Charter (presumably) allows for the creation
of the three legislated protected or “safe” activities
under HR legislation: employment, services and
accommodation
• PSEs deal in these safe activities
14. CACUSS 2013 – Case Law Review
Freedom of expression
• PSE‟s can prohibit are range of actions that are of
lesser concern than actions that incite hatred
• Harassment
• Defamation that is not defensible
• Possibly (mere) hurt feelings, humiliation and
offensiveness
15. CACUSS 2013 – Case Law Review
Freedom of expression
• But there are still good legal and policy questions
• Are there certain for a in which a prohibition on
enticing “hatred” is all that can be justified?
• Is being the arbiter of hurt feelings and damaged
reputation the right policy for PSEs to pursue in
today‟s day and age? Should we limit our willingness
to engage to “harassment” alone?
16. CACUSS 2013 – Case Law Review
Off campus conduct
• Must have a connection to nexus to interests
• Complying with PSEs legal duties imposed by
statute and otherwise
• Enabling members of the community to safely enjoy
working and learning environment or facilities
• Raising funds, recruiting and retaining employees,
students, co-op employers and the general interest
in maintaining a good reputation
17. CACUSS 2013 – Case Law Review
Off campus conduct
• Policy-making guidance
• Clear rules are pre-requisite
• Ask, “Are they targeted at „clear and significant‟
harm to our interests?”
• Beware of Charter-protected expression - section
2(b) may prohibit colleges, for example, from
creating a rule that exposes students who disparage
the institution to sanction
18. CACUSS 2013 – Case Law Review
Off campus conduct
• Should you? Must you?
• Traditional – we have no responsibility for adult
students off campus
• Tough fit when there is a strong community identity
and a phenomenon of off-campus civility
• Moral responsibility has driven actions that increase
the facts upon which a legal duty of care could be
based
19. CACUSS 2013 – Case Law Review
Off campus conduct
• But the approach is different
• Focus on extreme forms of student misconduct
• Programs should trust young adults to behave
unless there is reason to believe otherwise
• Take a facilitative, non-controlling approach
• Don‟t promise to police scenarios that you can‟t
afford to police
20. CACUSS 2013 – Case Law Review
Off campus conduct
• Cyber-bullying and cyber-harassment
• The perception of internet communication as
harmless is slowly changing, which is good
• Continue to shape this communication through your
campaigns
• Also “Virtualize” the scope clauses in your codes so
you are prepared to act
• Assess scenarios for a connection case-by-case
21. CACUSS 2013 – Case Law Review
Off campus conduct
• Cyber-bullying and cyber-harassment
• You will often have jurisdiction (and a duty to act)
when personal relationships between two students
gone bad – Re B and W (Ont HCJ, 1985)
• Attacks on teachers, admin and staff are vexing – be
wary of the difference between providing a safe and
harassment free work environment and repairing or
protecting reputation
22. CACUSS 2013 – Case Law Review
Substantive review
• Dunsmuir, SCC 1998
• ...reasonableness is concerned mostly with the
existence of justification, transparency and
intelligibility within the decision-making process. But
it is also concerned with whether the decision falls
within a range of possible, acceptable outcomes
which are defensible with respect of the facts and
law.
23. CACUSS 2013 – Case Law Review
Substantive review
• Newfoundland Nurses, SCC 2011
• When no reasons given, a decision will be quashed
for a breach of fairness
• Otherwise, the inadequacy of reasons is not a stand-
alone reason to quash a decision
• Poor reasons must be examined in light of the
outcome and whether it falls within a range of
possible outcomes
24. CACUSS 2013 – Case Law Review
Substantive review
• Pridgen, ABCA 2012
• Effective substantive oversight is still a factor,
especially for non-academic matters
• Here, the reasons are “sparse” and “conclusory”
• On the record and finds the outcome not justifiable
• No consideration of the specific words spoken
(essential in expression cases!)
• No reliable evidence of harm (element of offence)
25. CACUSS 2013 – Case Law Review
Procedural fairness
• Three requirements
• Notice
• Opportunity to be heard
• An unbiased decision maker
Review is based on the “correctness” standard,
so you must get it right. However, the standard
will vary with the context.
26. CACUSS 2013 – Case Law Review
Procedural fairness
• Factors affecting standard – Baker, SCC 1999
• Nature of decision being made
• Importance of interest at stake
• The scheme (including whether decision final)
• Legitimate expectations
• Available choices
27. CACUSS 2013 – Case Law Review
Procedural fairness
• Telfer, ONSC 2012 (legal representation)
• Legal representation denied at Step 1 meeting
• Counsel allowed to make written submissions and
submit affidavit evidence
• Accords with duty of fairness in the circumstances
• No serious factual dispute, credibility not at issue
• Conduct of a criminal nature not alleged
• Possibility of expulsion of no consequence
28. CACUSS 2013 – Case Law Review
Procedural fairness
• AlGhaithy, ONSC 2012 (internal appeals)
• Resident fails unprofessional conduct, attendance
• Obvious problems relating to decision maker bias at
stages one and two
• Senate Appeals Committee recognizes problems
and expressly decides de novo
• Court expressly notes that it “placed no weight on
the decisions below”
29. CACUSS 2013 – Case Law Review
Procedural fairness
• AlGhaithy, ONSC 2012 (internal appeals)
• “The decision of the Appeals Committee is set out in
a 13 page extract from its Minutes”
• Court finds irregularities cured
• Right to cross examine rejected because case
against him was based on “entirely documentary
evidence” (presumably the applicant‟s allegedly
objectionable e-mails and his attendance record)
30. CACUSS 2013 – Case Law Review
Procedural fairness
• Dunne, NL SCTD 2012 (recommendations)
• Senate Committee recommends against academic
misconduct finding b/c “no clear ethical guidelines”
• Senate rejects recommendation and imposes a
suspension without a hearing and without reasons
• Framed as a breach of fairness despite
Newfoundland Nurses‟(no reasons)
31. CACUSS 2013 – Case Law Review
Procedural fairness
• Dunne, NL SCTD 2012 (recommendations)
• Practically, court can‟t “backfill” the substance of the
Senate decision because it has nothing to work with
and recorded reasons of committee that go the other
way
• “the Senate ought to show great deference to the
outcome of that process and disagree only for very
substantial and well articulated reasons”
32. CACUSS 2013 – Case Law Review
Procedural fairness
• Williams, BCSC 2007 (disability as mitigation)
• Admitted plagiarism by blind law student results in
zero grade and four month suspension
• Student argues disproportionate penalty in light of
pressures related to her disability, but JR grounds
narrow
• Court (procedural) – received adequate notice of her
right to representation by counsel (despite oral rep)
33. CACUSS 2013 – Case Law Review
Procedural fairness
• Williams, BCSC 2007 (disability as mitigation)
• Court (substantive) – not erroneous (i.e.
unreasonable) to find that applicant was not owed
accommodation (time extension) for which she did
not asked
34. CACUSS 2013 – Case Law Review
Procedural fairness
• Kahsay, 2012 ONTC (inappropriate input)
• Suspension of nursing student from clinical program
(resulting in withdrawal) challenged
• Court forgives procedural irregularities
• Dean (apparently) shared decision with preceptor to
be reviewed for accuracy
• Court says standard for bias allegations high and
that the non-substantive input is passable
35. CACUSS 2013 – Case Law Review
Procedural fairness
• Kahsay, 2012 ONTC (inappropriate input)
• Court also says that issue was raised for the first
time on judicial review – see Alberta Teachers‟
Association, 2011 SCC
• Court – College in substantial requirement with
(procedural?) requirements of its policy and the
context mitigates any unfair impact
36. CACUSS 2013 – Case Law Review
Procedural fairness
• Kahsay, 2012 ONTC (inappropriate input)
• Court also says that issue was raised for the first
time on judicial review – see Alberta Teachers‟
Association, 2011 SCC
• Court – College in substantial requirement with
(procedural?) requirements of its policy and the
context mitigates any unfair impact
37. CACUSS 2013 – Case Law Review
Procedural fairness
• Demaria, SKQB 2013 (inappropriate input)
• Law Society refuses membership
• Society counsel was before the tribunal
• Chair forwards final decision (plus signed signature
page) to counsel with reference to meeting for golf
• Counsel fixes formatting, changing page numbers,
collects signatures from other two and PDFs
• PDF shows him as the author
38. CACUSS 2013 – Case Law Review
Procedural fairness
• Demaria, SKQB 2013 (inappropriate input)
• Practice raises “legitimate concern” but do not
breach standard of fairness given right of appeal
• Decision was signed, albeit in counter parts
• Assistance was non-substantive... decision was a
result of the thought process of the decision makers
• Golf reference okay in context because e-mail made
clear that the decision had been made
39. CACUSS 2013 – Case Law Review
Procedural fairness
• Appleby College, ONSC 2012 (hearing)
• Stresses that a denial of a hearing will be at
institution‟s peril and the risks of zero tolerance
• Student admits smoking marijuana in residence on
the eve of his final day
• Zero tolerance for lighting of substances in
residence... discretion over penalty for drug use
• Policy also says parents will be heard
40. CACUSS 2013 – Case Law Review
Procedural fairness
• Appleby College, ONSC 2012 (hearing)
• Parents try to give input but decision-maker too
busy, decision rendered within 24 hours to deny
student an Appleby credential
• Court rejects argument that there was nothing to
decide because the conduct was admitted and the
penalty was dictated
• Unclear there was no discretion (at least)
41. CACUSS 2013 – Case Law Review
Dan Michaluk
daniel-michaluk@hicksmorley.com
www.allaboutinformation.ca
ca.linkedin.com/in/danmichaluk/
42. Canadian Association of College and
University Student Services 2013
Canadian Case Law Review
Dan Michaluk
June 17, 2013
Editor's Notes
Note that counsel was given an opportunity to submit written submissions and provide affidavit material