2009 – Page 2

Court upholds Alberta’s Hate Speech Law

On December 7, 2009

Case considered: Boissoin v. Lund, 2009 ABQB 592

PDF version: Court upholds Alberta’s Hate Speech Law

Back in September, I predicted the failure of a constitutional challenge to Alberta’s hate speech law, section 3 of the Human Rights, Citizenship and Multiculturalism Act, R.S.A. 2000, c. H-14 (HRCMA) (recently re-enacted as the Alberta Human Rights Act, R.S.A. 2000, c. A-25.5). The law was challenged by Stephen Boissoin on both division of powers and Charter grounds as part of his effort to overturn an earlier decision of the Alberta Human Rights Panel which found that Boissoin had engaged in hate speech for his letter to the editor “Homosexual Agenda Wicked”, published in the Red Deer Advocate. On December 3, 2009 Justice Earl Wilson of the Court of Queen’s Bench upheld the constitutionality of section 3. However, he also found that Boissoin’s publication did not amount to hate speech under that section. I will deal with the constitutional issues in this post; Linda McKay Panos will be posting on the interpretive issues.

Further Developments in the Cassels FOIPPA Matter

By Linda McKay-Panos

On November 27, 2009

In Administrative Law, Privacy

Case considered: Edmonton Police Service v. Alberta (Information and Privacy Commissioner), 2009 ABQB 593

PDF version: Further Developments in the Cassels FOIPPA Matter

Recent developments in the case of Cassels highlight a difficulty faced by many people who request access to information held by public bodies. Since one is hoping to gain access to the desired information, one has to “guess” wisely about what information to ask for, from which department and in which format (e.g., electronic or paper). The agencies from which one requests information are not obligated under the law to create new records from their information, nor to incur great inconvenience and expense in order to provide the requested information. Thus, the wording of the request becomes very important-even in the absence of specific knowledge about what information is available.

The public and private duties of opposing counsel

By Alice Woolley

On November 25, 2009

In Ethics and the Legal Profession

Case considered: F.N. v. McGechie, 2009 ABQB 625

PDF version: The public and private duties of opposing counsel

Alberta courts have consistently held that misconduct by counsel in the course of litigation will not normally be the basis for liability to the opposing party in that litigation. While sometimes duties to opposing parties exist – as, for example, in the tort of malicious prosecution – the Alberta Court of Appeal in German v. Major (1985), 62 A.R. 2 (C.A.) made it clear that the duties of the lawyer to the court and to the public do not automatically translate into duties to opposing parties.

Human Rights, Police and Tenancy: A Troubling Mix?

By Linda McKay-Panos

On November 23, 2009

In Human Rights, Property

Case considered: Beaverbone v. Sacco, 2009 ABQB 529

PDF version: Human Rights, Police and Tenancy: A Troubling Mix?

A recent decision of Justice Joanne Veit of the Court of Queen’s Bench brings to light the potential interrelationship between landlord and tenant legislation, human rights legislation and the powers of the police-both generally and under the new Safer Communities and Neighbourhoods Act S.A., 2007, c. S-0.5 (“SCAN“). Before discussing the disturbing facts of the case, it is useful to discuss the legislation that could apply.

The Supreme Court of Canada Denies Leave in Brookfield

By Nigel Bankes

On November 20, 2009

In Oil & Gas, Supreme Court of Canada

Cases considered: Brookfield Bridge Lending Fund Inc. v. Vanquish Oil and Gas Corporation, 2008 ABQB 444, reversed 2009 ABCA 99, leave to appeal denied November 19, 2009

The Supreme Court of Canada has denied leave to appeal to the joint operators in the Brookfield Bridge case. The case involves the circumstances under which a joint operator might be able to establish a constructive trust over assets of the operator other than those already impressed with an express trust by the language of clause 507 of the CAPL Operating Procedure in a situation where the operator expends monies from the commingled account for its purposes.

Year: 2009 Page 2 of 24

Court upholds Alberta’s Hate Speech Law

Further Developments in the Cassels FOIPPA Matter

The public and private duties of opposing counsel

Human Rights, Police and Tenancy: A Troubling Mix?

The Supreme Court of Canada Denies Leave in Brookfield