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The surprising formalist: Justice Gonthier's contribution to labour law
The apparent variance between two corpora — Justice Gonthier’s administrative law judgments and his labour law judgments — constitute an apparent paradox that lead me to dub him a “surprising formalist”. In this paper, I ...
“Tell me where it hurts”: workplace sexual harassment compensation and the regulation of hysterical victims
Abstract : Informed by a feminist analysis, the author examines a new development in the legal responses to workplace sexual harassment in Quebec. Sexual harassment has been recognized as a psychological injury, compensable ...
Acquired expertise of administrative tribunals and the standard of judicial review: the case of grievance arbitrators and human rights law
Focusing on arbitral decisions on human rights claims arising in the employment context, this paper looks at the nature of the expertise of administrative tribunals and its role in determining the standard of judicial ...
The Drug testing virus
Abstract : Drawing on a methodology inspired by the work of Michel Foucault, the author traces a “genealogy” of the legal framework governing employment drug testing in Canada. This exercise leads him to claim that the ...