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Author: Linda McKay-Panos Page 1 of 23

Linda McKay-Panos is the Executive Director of the Alberta Civil
Liberties Research Centre. She taught Language Arts and Social Studies with the Calgary Board of Education for 7 years before returning to university to obtain a Law Degree. She practiced law for a time, before joining the Alberta Civil Liberties Research Centre in 1992 as a Research Associate. Linda is a sessional instructor in the Faculties of Communication and Culture and Law at the University of Calgary. Linda received her Bachelor of Education, Bachelor of Laws and Master of Laws degrees from the University of Calgary. Linda is the President of the Alberta Association for Multicultural Education and the Past President of the Public Legal Education Network of Alberta. Linda is the author of several publications dealing with civil liberties, access to information, human rights, discrimination, equality and related topics. Linda received the 2001 Suzanne Mah Award and an Alberta Centennial Medal in 2005 for her work in human rights in Alberta.

Alberta Court of Appeal Concludes that University of Alberta is Subject to the Charter

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On February 25, 2020

In Constitutional

By: Linda McKay-Panos

PDF Version: Alberta Court of Appeal Concludes that University of Alberta is Subject to the Charter

Decision Commented On: UAlberta Pro-Life v Governors of the University of Alberta, 2020 ABCA 1 (CanLII)

Once again, Alberta courts have been asked to address whether and when the Charter applies to activities at universities. There have been several ABlawg posts in the last few years that indicate there are two conflicting lines of cases across Canada. See: Context is Everything When it Comes to Charter Application to Universities, BCCA Unfortunately Chooses Not to Follow Alberta’s Lead on the Issue of Whether the Charter Applies to Universities; Does the Charter Apply to Universities? Pridgen Distinguished in U Vic Case; Face-ing the Charter’s Application on University Campuses; University Campus is not Charter-Free; and Freedom of Expression, Universities and Anti-Choice Protests.

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The Alberta Inquiry and Freedom of Expression

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On December 17, 2019

In Constitutional, Energy

By: Jennifer Koshan and Linda McKay-Panos

PDF Version: The Alberta Inquiry and Freedom of Expression

Matter Commented On: Alberta Inquiry into Anti-Alberta Energy Campaigns

Our colleagues Martin Olszynski and Shaun Fluker have posted concerns about the Alberta Inquiry into Anti-Alberta Energy Campaigns from the perspective of the rule of law and procedural fairness (see here and here). Amnesty International has also raised concerns about the Inquiry’s “aggressive approach to defending the oil and gas industry from criticism” and the impact this approach will have on human rights defenders – especially those who are Indigenous, women, and/or environmental activists. Ecojustice flagged similar concerns about freedom of expression in its letter to Inquiry Commissioner Steve Allan.

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Context is Everything When it Comes to Charter Application to Universities

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On September 3, 2019

In Constitutional

By: Linda McKay-Panos

PDF Version: Context is Everything When it Comes to Charter Application to Universities

Case Commented On: Yashcheshen v University of Saskatchewan, 2019 SKCA 67 (Can LII)

The issue of whether a university is subject to the application of the Charter has arisen in a number of cases, some of which appear to conflict. See: BCCA Unfortunately Chooses Not to Follow Alberta’s Lead on the Issue of Whether the Charter Applies To Universities.

In Yashcheshen, the issue of Charter application occurred when Yashcheshen sought admission to the College of Law at the University of Saskatchewan without submitting a Law School Admission Test (LSAT) score, because she had a disability (Crohn’s Disease) that she believed would prevent her from having a fair opportunity to write the LSAT (at para 1). When Yashcheshen submitted her application without an LSAT score in February 2014, it was not accepted. The College suggested that, because it required everyone to submit an LSAT score and it did not administer the test, Yashcheshen should apply to the Law School Admission Council for an accommodation with respect to the LSAT (at para 7).

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Alberta Human Rights Tribunal Decision Reinstates Reinstatement

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On July 11, 2019

In Human Rights

By: Linda McKay-Panos

PDF Version: Alberta Human Rights Tribunal Decision Reinstates Reinstatement

Case Commented On:  Pratt v University of Alberta, 2019 AHRC 24 (CanLII)

While it has always been legally possible for an employer to be ordered to reinstate an employee after there has been a finding of discrimination, recent tribunals and courts have been reluctant to award this remedy. However, the Pratt case may open the doors again to this possibility in some circumstances.

Carmen Pratt (Mittelstadt) made a human rights complaint in June 2013 alleging discrimination on the ground of mental disability in the area of employment under s 7(1) of the Alberta Human Rights Act, RSA 2000, c A-25.5 (AHRA) (at paras 1, 4). After completing her Bachelor of Arts degree at the University of Alberta (U of A), in December 2011, Pratt started working as a casual employee at the U of A’s Book and Record Depository. This became a permanent position on March 1, 2012. As an assistant, her job duties were split between the Special Collections Library (SCL) and the University Archives (at para 2), and she had one supervisor in each department. Three weeks later, on March 24, 2012 Pratt learned that her brother had committed suicide and she was thereafter involved with dealing with her brother’s estate and burial (at para 2).

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Mixed Results for Corrections Officer Terminated for Dishonesty

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On August 17, 2018

In Labour/Employment

By: Linda McKay-Panos

PDF Version: Mixed Results for Corrections Officer Terminated for Dishonesty

Case Commented On: Alberta Union of Provincial Employees v Alberta, 2018 ABQB 524 (AUPE)

Justice GS Dunlop of the Alberta Court of Queen’s Bench recently heard an application for judicial review of a three-day suspension and termination of a long-standing employee of the Province of Alberta. For just about 30 years, Todd Ross (Ross) was a Correctional Peace Officer (CPO) employed by the Province. He was a member of the Alberta Union of Provincial Employees (AUPE) and was also a union representative (AUPE at para 1). In April 2013, a new Edmonton Remand Centre opened (AUPE at para 2). Ross had been terminated on June 28, 2013 on three grounds:

  • His communication with management about the new Edmonton Remand Centre in April 2013; Ross wrote and sent two emails to the Executive Director and the Assistant Executive Director of the new Edmonton Remand Centre, which the arbitrator had described Ross as ‘insolent, insubordinate and untruthful’; Ross had also erred when he addressed his comments to the Deputy Minister and the Assistant Deputy Minister;
  • His actions when he was relieved with pay on April 26, 2013; and
  • His actions while he was on leave with pay after April 26, 2013; the employer alleged that Ross had induced other CPOs to engage in an illegal strike between April 26 and May 3, 2013—however, the arbitrator held that this allegation was not proven (AUPE at paras 10 and 11).

In a decision on this matter released April 14, 2015, the arbitrator held that the termination was an excessive response to Ross’s misconduct in the two emails; Ross’s dismissal was set aside and replaced with a six-month suspension starting from June 28, 2013 (AUPE at para 11).

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