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In the united-states it has been held that a limited set of Due Process protections apply to students in public schools when the school proposes to impose a serious punishment, such as expulsion or lengthy suspension. This will include notice and a hearing, but does not include all the protections that a court would provide. The hearing may be before the ...


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No, section 11 only applies to criminal offences and quasi-qriminal offences with criminal proceedings. See Guindon v. Canada esp. para. 64.


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It seems your comment on Dale M's answer is basically in the ballpark: it's about administration of justice, or at least it used to be. Criminal law and criminal procedure are the exclusive competence of the federal government (Constitution Act, 1867, s. 91(27)), hence by default, the Criminal Code applies in its entirety across the country. However, ...


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Can you get jailed for misreporting numbers to pay less? Possibly But any prosecution, and sentence, may depend on the level of culpability, provable guilty knowledge and of course any other admissible evidence. Two offences seem relevant under the Canada Criminal Code: Fraud 380 (1) Every one who, by deceit, falsehood or other fraudulent means, whether or ...


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Ultimately this raises a question of balancing two fundamental rights: The right of the accused to a fair trial within due process of law & the right to freedom of expression (or in the case of press publications as in most of the cases cited by this answer, the very related freedom of the press). Both the US & Canada safeguard these rights in their ...


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Canada does not have the First Amendment The fundamental difference is that speech that, in Canada, would be contempt of court is, in the USA, protected speech under the first amendment. This is not to say that Canada does not have a strong and vigorous tradition of free speech - it does. It's just not as strong as the USA's Constitutional protection.


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I assume it's not a workplace with a collective agreement (otherwise this should be handled by the union by some sort of informal or formal grievance procedure). The employee can't sign away their rights and entitlements under the employment standards (usually) unless the law expressly provides for it (e.g. overtime agreements or concessions in collective ...


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Discrimination in employment is legal For example, you can discriminate to hire the more qualified or experienced candidate over less qualified ones. What you can’t do is discriminate on the basis of a protected category: The Alberta Human Rights Act (AHR Act) prohibits discrimination in employment based on the protected grounds of race, colour, ancestry, ...


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"Upselling" is legal, and common. What is unclear is what the fact of the "agreement" are. There are two ways to buy this (or similar) product: online, and with a phone call to sales. In either case, it is crucial that you have a clear understanding of what you agree to. This is much more obvious with an online sale, where you have ...


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Unless you operate a bonded warehouse, you must pay duties at time of import. A bonded warehouse is allowed to defer payment of duties until an item ships, and if the item returns to the originating country, no duty would be owed.


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canada ontario Speaking from the perspective of law in Ontario, Canada, the clause may indeed be defective, contrary to the currently accepted answer. Consider what is mentioned at Termination Clauses and Continuation of Benefits: A Warning and Reminder for Employers in Ontario (August 2015): Employers often seek to limit their termination liability with ...


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Fees, damages, fines and penalties A library late fee is probably not a fee - it’s either damages or a fine. A fee is an amount charged/paid for the provision of a service. An architect charges a fee to design your house. The DMV charges a fee to issue your drivers licence. Damages are what you pay to compensate someone for harming them. The harm can be ...


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BC employers are required to give workers three days of unpaid personal illness & injury leave per calendar year. However, this protection only applies to workers who have held a job for more than 90 days. If you have not held the job for that long, it does not appear that any protections apply to you. Note that (as of March 2021) there are separate ...


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The manager can change the schedule if you are run over by a bus. Or if your urgent need for a specialist makes you collapse on the way to work. I suppose you can judge yourself whether the manager can’t change the schedule or if it is a slight inconvenience for him which is more important than your health. Take the matter to HR. Tell them what’s the worst ...


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Yes Employees must arrive ready to work the hours they are scheduled. You are only entitled to payment for the time you were “ready to work”. If your employer chooses not to use you to do work, that’s up to them.


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