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AUDIO CONFERENCE
The Impact of Criminal Convictions: the Supreme
Court Decisions in City of Toronto and Maksteel
 
THE EXPERTS:
Pamela Chapman Arbitrator/Mediator
  
Craig FloodUnion Counsel
Koskie Minsky
 
Mary GershtEmployer Counsel
Labour Services Branch, Management Board Secretariat
 
Jason Hanson
Employer Counsel
Osler Hoskin & Harcourt
 
Doug WrayUnion Counsel
CaleyWray
 
THE ISSUES:

Some of the questions addressed:

  • Why did the Supreme Court conclude in City of Toronto that challenging a criminal conviction at an arbitration hearing is an abuse of process?

  • Does the Court's ruling reverse the previous practice of allowing the parties to call evidence relating to the facts of the criminal
    misconduct?

  • What are the practical implications of the Court's decision for employers, unions and employees?

  • Will the decision force unions to proceed to arbitration before a criminal trial in order to avoid the effect of a criminal conviction?

  • Will employers now be required to investigate and defend cases at arbitration which were previously adjourned pending the result of
    the criminal trial?

  • Will the Supreme Court decision in Maksteel alter the approach of arbitrators to discharges based on criminal incarceration?

 
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