Category Archives: Constitutional

Curious Interactions between the Charter, Contempt Orders, and the Evolution of Section 1

By: Sarah Burton PDF Version: Curious Interactions between the Charter, Contempt Orders, and the Evolution of Section 1 Case commented on: Alberta v AUPE, 2014 ABCA 197 In Alberta v AUPE the Alberta Court of Appeal reviewed the validity of … Continue reading

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Private Health Insurance and Charter Section 7

By: Linda McKay-Panos  PDF Version: Private Health Insurance and Charter Section 7 Case discussed: Allen v Alberta, 2014 ABQB 184 Over the past few years, various courts across Canada have addressed the ambit of the Charter right to life, liberty … Continue reading

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The ‘Inherent Limit’ Post-Tsilhqot’in: Where Indigenous Law and Land-Use Planning Meet

By: Martin Olszynski PDF Version: The ‘Inherent Limit’ Post-Tsilhqot’in: Where Indigenous Law and Land-Use Planning Meet Case commented on: Tsilhqot’in Nation v British Columbia, 2014 SCC 44 The focus of this post, the fourth in a series of ABlawg posts … Continue reading

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Today’s Word on the Street – “Consent”, Brought to You by the Supreme Court of Canada

By: Sharon Mascher PDF Version: Today’s Word on the Street – “Consent”, Brought to You by the Supreme Court of Canada Case commented on: Tsilhqot’in Nation v British Columbia, 2014 SCC 44  On June 26, 2014, the Supreme Court of … Continue reading

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Tsilhqot’in: What Happened to the Second Half of Section 91(24) of the Constitution Act, 1867?

By: Nigel Bankes and Jennifer Koshan PDF Version: Tsilhqot’in: What Happened to the Second Half of Section 91(24) of the Constitution Act, 1867? Case commented on: Tsilhqot’in Nation v British Columbia, 2014 SCC 44 The Delgamuukw decision of the Supreme … Continue reading

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“Arbitrary Disadvantage”: A Slip of the Pen or Something More?

By: Jennifer Koshan PDF Version: “Arbitrary Disadvantage”: A Slip of the Pen or Something More? Case commented on:McCormick v Fasken Martineau DuMoulin LLP, 2014 SCC 39 I have written several ABlawg posts on the test for discrimination under human rights … Continue reading

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Challenging the Farm Work Exclusions in the Employment Standards Code

By: Graham Martinelli and Andrew Lau PDF Version: Challenging the Farm Work Exclusions in the Employment Standards Code Legislation commented on:  Employment Standards Code, RSA 2000, c E-9 Editor’s Note This is the fourth and final post in the series … Continue reading

Posted in Constitutional, Labour/Employment | 4 Comments

The Constitutionality of the Exclusion of Farm Industries under the Alberta Workers’ Compensation Act

By: Nelson Medeiros and Robin McIntyre PDF Version: The Constitutionality of the Exclusion of Farm Industries under the Alberta Workers’ Compensation Act Legislation commented on: Workers’ Compensation Act, RSA 2000 c W-15 As part of the Constitutional Clinical Law class … Continue reading

Posted in Constitutional, Labour/Employment | 1 Comment

A Vital Judgment: Upholding Transgendered Rights in Alberta

By: Jennifer Koshan PDF Version: A Vital Judgment: Upholding Transgendered Rights in Alberta Case commented on: C.F. v Alberta, 2014 ABQB 237 (CanLII) Alberta’s Director of Vital Statistics interpreted her home statute, the Vital Statistics Act (RSA 2000, c V-4 (Old … Continue reading

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“The Feather and the Fiddle”: The Meaning of ‘Indian’ in s 91(24)

By: Geoff S. Costeloe PDF Version: “The Feather and the Fiddle”: The Meaning of ‘Indian’ in s 91(24) Cases commented on: Daniels v Canada, 2013 FC 6; Canada v Daniels, 2014 FCA 101. A decision by the Federal Court of … Continue reading

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