Year: 2009 Page 17 of 24

Legislation Considered: Human Rights, Citizenship and Multiculturalism Act, R.S.A. 2000, c.H-14

PDF Version: Gender Reassignment Surgery, Human Rights, and the Minister

When the Alberta government introduced its budget on April 7, 2009, one of its cuts was to de-insure new gender reassignment surgeries. According to the CBC, “[t]he province had funded a maximum of 20 gender reassignment surgeries [GRS] annually; the cut is expected to save the government about $700,000 a year.” The CBC also reported that a number of human rights complaints were filed by transgendered persons on April 15, 2009, alleging that the cut amounts to discrimination on the basis of gender identity contrary to Alberta’s Human Rights, Citizenship and Multiculturalism Act, R.S.A. 2000, c.H-14 (“HRCMA“). In response to a question about whether an Ontario case where a similar cut was found to violate human rights legislation would serve as a precedent in Alberta, Lindsay Blackett (Minister of Culture and Community Spirit) is said to have made the following comment: “We have a slightly different process, and we have slightly different value systems and a way of thinking in Alberta, and since most of the people on our commission are from Alberta, they may look at it a little differently then Ontarians do.” Blackett’s reported comment is disturbing on a number of grounds.

Rights of first refusal in a package sale of oil and gas properties: a follow up to Chase Manhattan

By Nigel Bankes

On April 21, 2009

In Oil & Gas

Cases considered: Bearspaw Petroleum Ltd. v. ConocoPhillips Western Canada Partnership, unreported judgement of Master Hanebury, February 26, 2009
Bearspaw Petroleum Ltd. v. ConocoPhillips Western Canada Partnership, 2009 ABQB 202 (Master in Chambers)

PDF version: Rights of first refusal in a package sale of oil and gas properties: a follow up to Chase Manhattan

The rationale for the right of first refusal (ROFR) in the context of jointly owned oil and gas properties is well understood. ROFRs are typically included in a variety of oil and gas agreements and in particular the operating agreement (see Article 24 of the various iterations of the Canadian Association of Petroleum Landmen (“CAPL”) form). But they are messy, especially in so-called package sales where a party is disposing of a number of assets in a particular deal. Current versions of the CAPL form provide a procedure for dealing with package deals but the provisions are not free of difficulty and older forms offer little if any guidance.

Employee Alcohol and Drug Testing Once Again At Issue

By Linda McKay-Panos

On April 18, 2009

In Human Rights, Labour/Employment

Case Considered: United Association of Journeyman and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 488 v. Bantrel Constructors Co., 2009 ABCA 84

PDF Version: Employee Alcohol and Drug Testing Once Again At Issue

Alcohol and drug testing of employees is a tricky issue from a legal perspective. For example, in an earlier post, I commented on Alberta (Human Rights and Citizenship Commission) v. Kellogg Brown & Root (Canada) Company, 2007 ABCA 426, where in cases of pre-employment drug testing, there seem to be conflicting court decisions that make it challenging to implement effective policies. (Since the post was written, the Supreme Court of Canada denied the Alberta Human Rights and Citizenship Commission’s application for leave to appeal on May 29, 2008). What about the situation where an employer seeks to implement a new drug testing policy to apply to existing unionized employees as a condition of access to a construction work site?

The Tromsø Meeting of the Parties to the 1973 Agreement on the Conservation of Polar Bears: A Comment on Three Aspects of the Meeting Report

By Nigel Bankes

On April 17, 2009

In Climate Change, Environmental, International Law, Protection of Species

By: Nigel Bankes

PDF Version: The Tromsø Meeting of the Parties to the 1973 Agreement on the Conservation of Polar Bears: A Comment on Three Aspects of the Meeting Report

Document Commented On: Meeting of the parties to the 1973 Agreement on the Conservation of Polar Bears, Tromsø, Norway, 17 – 19 March 2009 Outcome of Meeting

A few weeks ago (March 17 – 19, 2009) the parties to the 1973 Polar Bear Agreement met in Tromsø to consider the further implementation of the Agreement. This is a significant breakthrough. Apart from a meeting of the parties back in 1981 when the Parties decided to continue the Agreement in force as contemplated by Article X(6) of the Agreement and in informal meeting of the range states in 2007, the parties have never considered the further implementation of this Agreement.

New Legislation on Film and Video Classification Garners Little Attention

By Linda McKay-Panos

On April 14, 2009

In Constitutional, Human Rights

Legislation Considered: Film and Video Classification Act, S.A. 2008 c. F-11.5

PDF Version: New Legislation on Film and Video Classification Garners Little Attention

Without much attention or fanfare, the Film and Video Classification Act (“FVCA“), S.A. 2008 c. F-11.5 received royal assent on December 2, 2008. It is awaiting proclamation. It is perhaps ironic that the media did not pay much attention to legislation that will certainly affect some of them. It is clear that the legislation that the FVCA will replace is sorely out of date and needs to be brought into the 21st century (e.g., the Amusements Act, R.S.A. 2000, c.A-40, referred to “moving picture machines” and “travelling picture shows”). However, some of the amendments seem to create potential difficulties in implementation. Three aspects of the new legislation merit discussion.