Author Archives: Admin

Commemorating the National Day of Remembrance and Action on Violence Against Women

Matter Commented on: National Day of Remembrance and Action on Violence Against Women

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December 6 is the National Day of Remembrance and Action on Violence Against Women in Canada. This date marks the anniversary of the murders of fourteen women at the École Polytechnique massacre in Montreal. A memorial service is being held at the University today, and people may also wish to visit the moving sculpture by artist Teresa Posyniak, Lest We Forget, in the Faculty of Law across from the law library.

ABlawg has published several posts on gender-based violence this year, which we have gathered below. These posts analyze the treatment of gender-based violence by the courts and legislatures, in criminal, constitutional and other contexts, drawing to attention those bodies’ varying levels of understanding of and commitment to preventing violence. It is worth noting that the Inquiry Committee of the Canadian Judicial Council into the conduct of Justice Robin Camp recently stated as follows with respect to the role of judges in cases involving gender-based violence:

The Intervener Coalition submitted that, conceptually, the reasonable person “must include the perspective of survivors of sexual assault, and marginalized women generally, as they are entitled to a judiciary that rejects sexual myths and stereotypes and understands and respects equality.” We agree. A judge performs a unique role in society and his or her capacity to continue in the execution of that role cannot be judged without regard to the perspective of those who would most likely be affected by the Judge remaining in office.  That is not to say that such a perspective is the sole or the dominant one in evaluating public confidence, but it is one that should be included, and must be understood. (at para 252)

With that in mind, we encourage our readers to reflect on the various approaches to gender-based violence captured here:

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Can We Keep the Horses in the Barn? Investigation Report on Alberta Environment’s Destruction of Records after the 2015 Provincial Election

By: Linda McKay-Panos

PDF Version: Can We Keep the Horses in the Barn? Investigation Report on Alberta Environment’s Destruction of Records after the 2015 Provincial Election

Report Commented On: Information and Privacy Commissioner, Public Interest Commissioner, Investigation Report on Alleged improper destruction of records by Alberta Environment and Sustainable Resource Development

On January 7, 2016, the Office of the Information and Privacy Commissioner of Alberta (OIPC) and the Public Interest Commissioner (PIC) released their Investigation Report on alleged improper destruction of records by Alberta Environment and Sustainable Resource Development after the 2015 Provincial Election (Investigation Report). When reading the highlights of the Investigation Report’s recommendations, one hopes that the current government might implement and retain some rules and practices that deter future events of this nature.

After the Alberta provincial election in May, 2015, there were a number of media reports about destruction of records during the transition to a new government (Investigation Report, at para 2). The OIPC issued a news release on May 7, 2015 to inform and remind Albertans of the provisions of the Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25 (FOIP Act) dealing with record destruction, while noting that some of the records were not subject to the same rules (Investigation Report, at para 6). On May 12, 2015, a disclosure of wrongdoing was made to the PIC under the Public Interest Disclosure (Whistleblower Protection) Act, SA 2012, C P-39.5, alleging that staff members of the Department of Sustainable Resource Development (ESRD) were instructed to move all briefing material into the Action Request Tracking System (ARTS), and all records would then be deleted (Investigation Report, at para 3). On May 13, 2015, the OIPC and the PIC announced that they would jointly investigate allegations that records within ESRD may have been destroyed in an unauthorized manner (Investigation Report, at para 9).

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Supreme Court of Canada Hears Appeal in Alberta Infanticide Case

Case Commented On: R v MB, 2015 ABCA 232, appeal as of right (SCC)

Today the Supreme Court of Canada is hearing the appeal in R v MB, 2015 ABCA 232, concerning the proper interpretation of infanticide in section 233 of the Criminal Code, RSC 1985, c C-46. Section 233 provides as follows:

A female person commits infanticide when by a wilful act or omission she causes the death of her newly-born child, if at the time of the act or omission she is not fully recovered from the effects of giving birth to the child and by reason thereof or of the effect of lactation consequent on the birth of the child her mind is then disturbed.

For Lisa Silver’s post on the Alberta Court of Appeal decision, see here. Lisa also gave an interview on the appeal this morning on CBC Calgary’s Eyeopener.

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Faculty Favourites: Celebrating a Supreme Court of Canada Anniversary

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Editor’s Note

2016 is the 140th anniversary of the year that the Supreme Court of Canada began hearing cases. Our colleagues at the Bennett Jones Law Library are marking the occasion with a display, and asked us to nominate some notable Supreme Court of Canada cases for inclusion. The cases could be selected on the basis that they were our favourites, had the most impact on people’s lives (positive or negative), and/or were the most significant to our particular fields of study. Below is a compilation of responses from Faculty members and the Directors of some of the Faculty’s Centres and Institutes. Readers in Calgary are encouraged to drop by the Law Library to check out the display, and – for readers everywhere – if you have your own favourites, let us know by adding a comment to this post.

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ABlawg Scores in 2015 Clawbies

ABlawg is honoured to announce that we were selected for the Best Canadian Law School/Law Professor Blog Award and as runner up for the Fodden Award for Best Canadian Law Blog for 2015. Here’s what the Clawbie judges had to say:

Yes, the blog of the University of Calgary’s Faculty of Law is also a runner-up for the Fodden Award. But the quality and frequency of ABlawg entries make it impossible for us not to honour it with a Clawbie of its own. Martin Olszynski, Sharon Mascher, and Nigel Bankes lead a stellar cast of faculty who help set the standard for law school blogging.

We would also like to acknowledge ABlawg creator Jonnette Watson Hamilton, 2015 Blogmasters Jennifer Koshan and Shaun Fluker, student assistant Evelyn Tang, and all of the bloggers who contribute to ABlawg.

Our congratulations to Paul Daly at Administrative Law Matters, who won the Fodden Award, and to our colleagues Lisa Silver (Ideablawg), Peter Sankoff and the folks at The Court, who were all runners up for the Best Canadian Law School/Law Professor Blog Award. And thanks as always to our readers for your nominations, comments and ongoing support.

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