Author: Linda McKay-Panos Page 14 of 23

Linda McKay-Panos is the Executive Director of the Alberta Civil
Liberties Research Centre. She taught Language Arts and Social Studies with the Calgary Board of Education for 7 years before returning to university to obtain a Law Degree. She practiced law for a time, before joining the Alberta Civil Liberties Research Centre in 1992 as a Research Associate. Linda is a sessional instructor in the Faculties of Communication and Culture and Law at the University of Calgary. Linda received her Bachelor of Education, Bachelor of Laws and Master of Laws degrees from the University of Calgary. Linda is the President of the Alberta Association for Multicultural Education and the Past President of the Public Legal Education Network of Alberta. Linda is the author of several publications dealing with civil liberties, access to information, human rights, discrimination, equality and related topics. Linda received the 2001 Suzanne Mah Award and an Alberta Centennial Medal in 2005 for her work in human rights in Alberta.

Once Again, ABCA deals with Jurisdictional Issue of Labour Arbitration Board vs. Human Rights Commission

By Linda McKay-Panos

On March 3, 2011

In Human Rights, Labour/Employment

PDF version: Once Again, ABCA deals with Jurisdictional Issue of Labour Arbitration Board vs. Human Rights Commission

Case considered: Calgary (City) v Alberta (Human Rights and Citizenship Commission), 2011 ABCA 65

Previously, the Alberta Court of Appeal dealt with the issue of what would occur if both the Human Rights Commission and another administrative body (such as a labour arbitration board) might have jurisdiction over an issue. In two decisions released one right after the other, Calgary Health Region v Alberta Human Rights and Citizenship Commission and Diana Hurkens-Reurink, 2007 ABCA 120 and Amalgamated Transit Union, Local 583 v City of Calgary and Labour Arbitration Board, 2007 ABCA 121, the ABCA held that where two tribunals were available, the employee or his/her union could pursue either avenue for a remedy. However, the Court also made it clear that the first tribunal’s decision might be binding on the second tribunal. Consequently, if the labour arbitrator found that there was no discrimination in the case, that ruling would probably be binding on the Commission (if that process occurred later).

Issue of Timing Arises Again: Alberta Court of Queen’s Bench Quashes Decision of Information and Privacy Commissioner for Reasonable Apprehension of Bias

By Linda McKay-Panos

On February 25, 2011

In Administrative Law, Privacy, Supreme Court of Canada

PDF version: Issue of Timing Arises Again: Alberta Court of Queen’s Bench Quashes Decision of Information and Privacy Commissioner for Reasonable Apprehension of Bias

Case considered: Alberta Teachers’ Association v Alberta (Information and Privacy Commissioner), 2011 ABQB 19 (“Wright“)

Once again, the issue of timing in the investigation of privacy complaints has been raised. In Alberta Teachers’ Association v Alberta (Information and Privacy Commissioner) (“Wright“), pending litigation on the issue of timing currently before the Supreme Court of Canada (“SCC”) prevented the Alberta Court of Queen’s Bench from dealing with the timing issue; see the “Supreme Court hears Alberta Privacy Case” post commenting on ATA News v Information and Privacy Commissioner, 2010 ABCA 26 (“ATA News“). Nevertheless, since timing was raised again as an issue in Wright, the outcome of the SCC decision in ATA News will be important.

Mandatory Retirement Issue for Air Canada Pilots Has Taken Flight Again

By Linda McKay-Panos

On February 23, 2011

In Constitutional, Human Rights

PDF version: Mandatory Retirement Issue for Air Canada Pilots Has Taken Flight Again

Case considered: Air Canada Pilots Association v Kelly, 2011 FC 120 (“Kelly“)

In 2009, the Canadian Human Rights Tribunal (“Tribunal”) ruled in favour of Robert (Neil) Kelly and George Vilven, two Air Canada Pilots who had challenged their mandatory retirement at age 60. See my post on “Pilot from Airdrie is Successful in Mandatory Retirement Case.” The Tribunal in that case – Vilven v Air Canada and Air Canada Pilots Association; Kelly v Air Canada and Air Canada Pilots Association, 2009 CHRT 24 (Vilven and Kelly) – ruled that the mandatory retirement provisions in the airline’s collective agreement with the Air Canada Pilot’s Association (“ACPA”) (as protected under s. 15(1)(c) of the Canadian Human Rights Act (“CHRA”)) violated the Canadian Charter of Rights and Freedoms (“Charter“) and could not be saved by s. 1 of the Charter. In 2011, the Federal Court agreed with the Tribunal’s decision on the Charter issue (see Kelly, paras. 50 to 351). In a decision on the remedy (2010 CHRT 27), the Tribunal ordered Air Canada to reinstate Kelly and Vilven and to compensate them for lost income.

Alberta Court of Appeal Decides Syncrude not an Employer under Human Rights Legislation

By Linda McKay-Panos

On January 24, 2011

In Human Rights, Labour/Employment

PDF version: Alberta Court of Appeal Decides Syncrude not an Employer under Human Rights Legislation

Case commented on: Lockerbie & Hole Industrial Inc v Alberta (Human Rights and Citizenship Commission, Director), 2011 ABCA 3

It is perhaps ironic that in a decision where the Human Rights Panel found that there had been no discrimination, one of the respondents used the occasion to appeal the finding that it was an employer under the (then) Alberta Human Rights, Citizenship and Multiculturalism Act (currently Alberta Human Rights Act, RSA 2000, c A-25-5), and therefore subject to the Act. Since the structure of the “employment” relationship at issue in this case is commonly practiced in Alberta, the Court of Appeal ruling on whether Syncrude was an employer could have a significant impact on Alberta human rights law.

Accommodation for Family Status Required by Federal Human Rights Tribunal for Three Alberta Women

By Linda McKay-Panos

On December 22, 2010

In Human Rights

PDF version: Accommodation for Family Status Required by Federal Human Rights Tribunal for Three Alberta Women

Cases considered: Cindy Richards v Canadian National Railway, 2010 CHRT 24; Kasha Whyte v Canadian National Railway, 2010 CHRT 22; Denise Seeley v Canadian National Railway, 2010 CHRT 23

Family status was added in 1996 as a protected ground under Alberta’s human rights legislation (currently the Alberta Human Rights Act, RSA 2000, c A-25.5, (AHRA)). Under the AHRA, family status is defined as: “the status of being related to another person by blood, marriage or adoption” (section 44(1)(f)). Family status is also a protected ground in several other jurisdictions, including federally. Three recent and related decisions of the Canadian Human Rights Tribunal indicate that under the ground of family status, employers will be required to accommodate parental responsibilities.