Bail In some criminal cases, after the police arrest you, you will be let out on a promise or what is called a recognizance, to come back to Court at the appointed time. In other cases, the police will keep you in jail until you appear before a Court to obtain bail. If you are
Youth Criminal Justice System When a young person is charged with an offence, there are different considerations imposed by the statute that govern the consequences for the offending behaviour. The objectives of the Youth Criminal Justice System are to prevent crime, ensure meaningful consequences for offending behaviour and rehabilitate and reintegrate the young person. Unlike
If you have been charged with a criminal offence, it is generally not a good idea to give up the right to silence until or unless you have retained legal counsel. Generally, you will not talk your way out of being charged or released on bail. The decision to charge you or not is based
VERBAL WARNING OF PERFORMANCE NOT ENOUGH TO JUSTIFY TERMINATION In a recently released case from British Columbia, A 55 year old tugboat captain who had been employed for 8 years and 2 months prior to his dismissal sued after his employer dismissed him for cause after giving him repeated, but undocumented, verbal warnings regarding incompetent
Click here and fill out our CASE EVALUATOR Can an employee criticize a superior with reprisal? When does it become justification for the termination of the employee for cause? Not all comments made by an employee about the Company or their boss that are critical in nature justify termination. Here are some of the considerations
Termination for Cause – What is appropriate discipline for an employee’s misdeeds?
by Maureen CurrieClick here and fill out our CASE EVALUATOR Not every improper or unfortunate action by an employee merits termination. Courts consider a number of factors to determine if a termination is warranted for an employee’s behaviour, including criticizing the boss. This includes: Whether the employee was provoked How long the employee had worked for the
But when the way the employee is treated during the dismissal is particularly reprehensibly, harsh, disrespectful or, to use a Court’s term – “egregiously”, employees can collect additional or extraordinary damages called aggravated punitive or other damages. These are often referred to as Wallace or, now, Honda damages – arising from the Supreme Court of