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Showing posts from August, 2023

No, Don't Broadcast the Trump Trials

A little learning is a dangerous thing; Drink deep, or taste not the Pierian spring -Alexander Pope A departure from our regular programming for a discussion of trial procedure and television broadcasts. Televised trials happens from time to time in the US, especially for high profile ones - like OJ Simpson's murder trial, or the recent civil trial between Amber Heard and Johnny Depp. They don't go well. In short, the public attention taints the proceedings, forces the litigants, lawyers, and even the judge to attend to public optics in a way that they ordinarily wouldn't, and facilitates vast misrepresentations of the proceedings in the public eye. Televising a trial involving a presidential candidate - and one that's so notoriously a media hog as Donald Trump - would invite the same phenomenon, and do incredible damage to both the trial itself and the court more generally. Background: The Open Court Principle Court proceedings are usually open to the public. There are...

The Brave New World of Cross-Border Work: Which Province's Laws Apply?

 In my practice, I've been increasingly seeing questions about remote and cross-border work: As an employer, if I send my workers to a project in another Province, can I still just apply Alberta's employment standards, or do I have to structure overtime per that other Province's requirements? If I hire a remote worker in Ontario, which Province's employment standards apply? This turns out to be a difficult  question, with no clear answer in many cases. But let's talk about it. Specifically, I'm going to deal with these questions as being simply within the Canadian context, because once you get into international employment, you get into additional weird questions about tax remittances, etc. (But yes, I've seen those issues on more than one occasion, too.) The Scenarios While many employers operate across Provincial borders, the most standard employment relationship raises no jurisdictional considerations, because the employee works exclusively (or almost ex...