Category Archives: Constitutional

The Decision in Smith v St. Albert (City): An example of a Municipality’s Expansive Powers to Regulate Just About…Everything?

By: Ola Malik and Theresa Yurkewich PDF Version: The Decision in Smith v St. Albert (City): An example of a Municipality’s Expansive Powers to Regulate Just About…Everything? Case commented on: Smith v St. Albert (City), 2014 ABCA 76 In our … Continue reading

Posted in Constitutional, Municipal Law | Leave a comment

Drug Paraphernalia Bylaw Upheld as Constitutional

By: Linda McKay-Panos PDF Version: Drug Paraphernalia Bylaw Upheld as Constitutional Case commented on: Smith v St. Albert (City), 2014 ABCA 76 University of Calgary Constitutional law students will find this case interesting and perhaps will feel vindicated when they … Continue reading

Posted in Constitutional, Criminal, Municipal Law | Leave a comment

More Uncertainty on the Test for Discrimination under Human Rights Legislation

By: Jennifer Koshan PDF Version: More Uncertainty on the Test for Discrimination under Human Rights Legislation Case commented on: Bish v Elk Valley Coal Corporation, 2013 ABQB 756 I have written previous posts on ABlawg critiquing the influence of section … Continue reading

Posted in Constitutional, Human Rights, Labour/Employment | 3 Comments

Remembering Professor George Anastaplo

By: Maureen T. Duffy PDF Version: Remembering Professor George Anastaplo Since I have become a law professor, I often find myself remembering my own law school experiences, as comparisons are unavoidable. Because I teach Constitutional Law, I have been reminded … Continue reading

Posted in Constitutional | Leave a comment

Alberta Government Considers Strategies to Address Bullying—Is Legislation the Answer?

By: Linda McKay-Panos PDF Version: Alberta Government Considers Strategies to Address Bullying—Is Legislation the Answer? Event commented on: Rocky Mountain Civil Liberties Association Discussion on Anti-bullying Legislation On January 30, 2014, the Rocky Mountain Civil Liberties Association (RMCLA) hosted a … Continue reading

Posted in Constitutional, State Responses to Violence | 1 Comment

Teaching Bedford: Reflections on the Supreme Court’s Most Recent Charter Decision

PDF Version: Teaching Bedford: Reflections on the Supreme Court’s Most Recent Charter Decision  Case commented on: Canada (Attorney General) v Bedford, 2013 SCC 72 Much commentary has already been written on the Supreme Court’s decision in Bedford and the implications … Continue reading

Posted in Constitutional, Supreme Court of Canada | 3 Comments

Should Homelessness be an Analogous Ground? Clarifying the Multi-Variable Approach to Section 15 of the Charter

PDF Version: Should Homelessness be an Analogous Ground? Clarifying the Multi-Variable Approach to Section 15 of the Charter  Case commented on: Tanudjaja v Canada (Attorney General), 2013 ONSC 5410 This post discusses a decision from the Ontario Superior Court which … Continue reading

Posted in Constitutional | Leave a comment

Psychological Stress and Workers’ Compensation in Alberta

PDF Version: Psychological Stress and Workers’ Compensation in Alberta  Cases commented on: Martin v Alberta (Workers’ Compensation Board), 2012 ABCA 248, appeal heard December 10, 2013 (SCC); Ashraf v SNC Lavalin ATP Inc., 2013 ABQB 688 Earlier this week, the … Continue reading

Posted in Constitutional, Labour/Employment | 1 Comment

The Captive Audience Doctrine: Protecting the Unwilling Listener’s Right to Privacy from Unwanted Speech

PDF Version: The Captive Audience Doctrine: Protecting the Unwilling Listener’s Right to Privacy from Unwanted Speech Matter commented on: Section 2(b) of the Charter and the Captive Audience Doctrine Consider the following scenarios: Your lunch on an outdoor patio on … Continue reading

Posted in Constitutional | Leave a comment

Alberta’s Alcohol-Related Administrative Licence Suspension Regime: The Constitutional Challenge and the Challenge to the Evidence

PDF Version: Alberta’s Alcohol-Related Administrative Licence Suspension Regime: The Constitutional Challenge and the Challenge to the Evidence Case commented on:  Sahaluk v Alberta (Transportation Safety Board), 2013 ABQB 683 Several applicants are challenging the constitutionality of Alberta’s Alcohol-Related Administrative Licence … Continue reading

Posted in Civil Procedure and Evidence, Constitutional | 1 Comment