Author Archives: Myrna Tuttle

About Myrna Tuttle

Myrna is the Research Associate at the Alberta Civil Liberties Research Centre. She has a law degree from Saint Joseph University in Beirut. She earned an M.A. in Human Rights and Democratization from the University of Malta, and an LL.M. in International Legal Studies from American University Washington College of Law. She practiced law in Lebanon and worked as a consultant in Washington D.C and New York. She was assistant dean for student affairs and a lecturer at Qatar University, where she taught international human rights and international humanitarian law. She also worked as a paralegal instructor at CDI College in Calgary. She is passionate about human rights and civil liberties and has been involved with many organizations that deal with immigrants, refugees and human rights issues.

Racial Bullying in Schools

By: Myrna El Fakhry Tuttle

PDF Version: Racial Bullying in Schools

Editors’ Note: This is the second in our series of posts on equity, diversity and inclusion issues to mark Equity, Diversity, and Inclusion Week at the University of Calgary. For more on the Faculty of Law’s commitment to taking action on EDI issues, see here.

 

Studies show a majority of students have witnessed or experienced racism at school, with implications for both students and teachers.

A majority of students in Canada have either witnessed or experienced racism at their schools, according to a 2021 survey by the Angus Reid Institute in partnership with the University of British Columbia (ARI/UBC Survey). In this context, racism likely means racial discrimination as opposed to systemic racism. Continue reading →

Alberta Court Grants Injunctive Relief in a Constitutional Case

By: Myrna El Fakhry Tuttle

PDF Version: Alberta Court Grants Injunctive Relief in a Constitutional Case

Case Commented On: A.C. and J.F. and her Majesty the Queen in Right of Alberta (19 March 2020), Edmonton 2003-048252020 (ABQB) (Transcript available here)

On March 19, 2020, Court of Queen’s Bench Justice Tamara Friesen granted a temporary injunction prohibiting the Alberta Government from implementing an amendment of the Child, Youth and Family Enhancement Regulation, Alta Reg 160/2004, which lowered the age of eligibility from 24 to 22 for young adults receiving financial and social support under the Support and Financial Assistance (SFA) program. This temporary injunction will apply until the Court hears and rules on the issue of whether the amendment unjustifiably violates the Canadian Charter of Rights and Freedoms. Continue reading →

Charter of Rights and Freedoms — Cruel and unusual punishment

By: Myrna El Fakhry Tuttle

PDF Version: Charter of Rights and Freedoms — Cruel and unusual punishment

Case Commented On: R v Charboneau, 2019 ABQB 882 (CanLII)

In this case, Court of Queen’s Bench Justice L.R.A. Ackerl struck down the mandatory minimum six month sentence in s 286.1(2)(a) of the Criminal Code, RSC 1985 c C-46, as provided for the offence of obtaining sexual services from a minor. In this ruling, Justice Ackerl declared that the mandatory minimum sentence was not grossly disproportionate for the accused (Mr. Charboneau), but it would be unconstitutional for an individual in reasonably foreseeable cases. Continue reading →

Police Information Check, Vulnerable Sector Check and Privacy Rights

By: Myrna El Fahkry Tuttle

PDF Version: Police Information Check, Vulnerable Sector Check and Privacy Rights

Case Commented On: Edmonton (Police Service) v Alberta (Information and Privacy Commissioner), 2019 ABQB 587 (CanLII)

This case comes shortly after our Centre (Alberta Civil Liberties Research Centre (ACLRC)) published a report entitled Collection, Storage and Disclosure of Personal Information by the Police: Recommendations for National Standards (ACLRC Report) which tackled similar issues to those decided upon by the Court of Queen’s Bench.

In this case, the appellant, Edmonton Police Service (EPS), sought judicial review of portions of a decision of Adjudicator Teresa Cunningham from the Office of the Information and Privacy Commissioner, under the provisions of the Freedom of Information and Protection of Privacy Act (FOIP). The Adjudicator had ordered EPS: (1) not to use AB’s personal information in contravention of Part 2 of FOIP (2) not to disclose AB’s personal information in contravention of Part 2 of FOIP; and (3) to notify her and AB within fifty days of receiving these orders that EPS would comply with them (at para 5). Continue reading →

Administrative Segregation and the Charter of Rights and Freedoms

By: Myrna El Fakhry Tuttle

PDF Version: Administrative Segregation and the Charter of Rights and Freedoms

Case Commented On: R v Prystay, 2019 ABQB 8 (CanLII)

On January 4, 2019, Madam Justice Dawn Pentelechuk found that Mr. Ryan Prystay’s lengthy stay in administrative segregation at the Edmonton Remand Centre breached section 12 of the Charter. Consequently, she granted him enhanced credit of 3.75 days for each day spent in administrative segregation.

Administrative segregation is used in remand centres to keep an inmate away from the general population for safety or security reasons. It is not intended to be used as a punishment and can be indefinite, while disciplinary segregation is imposed as a penalty and has to be for a specified period of time.

Unlike in disciplinary segregation, inmates in administrative segregation have the same rights and privileges as other inmates, however, the operational reality is that one’s experience in either form of segregation is drastically different from that of inmates in the general population (at para 27). Inmates in either form of segregation are kept in a cell alone for 23 hours a day. They have two half-hour blocks outside of their cell during each 24 hour period where they can shower, exercise, watch television or use the phone in the “fresh air” room. Inmates stay alone during those activities. Administrative segregation inmates may have visits via CCTV (closed circuit television) (at paras 28-29).

On October 16, 2018, the Honourable Ralph Goodale, Minister of Public Safety and Emergency Preparedness, introduced in the House of Commons Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act. The purpose of the bill is to strengthen the federal correctional system in a number of ways including ending administrative segregation and disciplinary segregation and creating “structured intervention units.”

Continue reading →