Cases Considered: Johnston v.
PDF Version: Disinterment of RCMP Officer may proceed despite parents’ wishes
In a previous post, I reviewed a number of decisions of the
Author: Jennifer Koshan Page 43 of 45
B.Sc., LL.B (Calgary), LL.M. (British Columbia).
Professor. Member of the Alberta Bar.
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Cases Considered: Director of the
In the May 29, 2008 version of his S.C.C. L@wletter Eugene Meehan reports that the Supreme Court of Canada has dismissed the application of the Director of the Alberta Human Rights and Citizenship Commission for leave to appeal in the case of Kellogg Brown & Root (Canada) Company (at the time of writing the SCC’s decision on leave to appeal is not yet available on its website). For posts on the Alberta Court of Appeal’s decision in this case, see Linda McKay Panos, “Court of Appeal Sends Court of Queen’s Bench Decision to Rehab” and David Corry, “Drug Testing: A Wake-up Call to the Courts”. Linda and David disagreed about the correctness of the Alberta Court of Appeal’s approach, which overturned the decision of Madam Justice Sheilah Martin and upheld the position of the employer. It is unfortunate that the Supreme Court will not take advantage of the opportunity to clarify the law in this area. This leaves it uncertain for employers, employees and human rights tribunals whether perceived addiction to alcohol and drugs is covered by human rights legislation, and in what circumstances employers are entitled to implement drug and alcohol testing policies without running afoul of human rights legislation.
Cases Considered: Pedersen v.
PDF Version: Leave to Intervene Denied to Insurance Co. in Appeal of Cap on Minor Injuries
As noted in a previous post, on
Cases Considered: Pawlowski v.
The Street Church Ministries (“SCM”) and its leader, Artur Pawlowski, have been active and controversial participants in
Cases Considered: Tsuu T’ina Nation v. Bearchief, 2008 ABCA 74
PDF Version: Eviction Notice Effectively Stayed for Residents of Black Bear Crossing
Black Bear Crossing (“BBC”) consists of 161 units on the former barracks of the Canadian Armed Forces, situated on 940 acres on the northeast corner of the Tsuu T’ina reserve. The residences have been occupied by Tsuu T’ina Band members, as well as those claiming Band membership, since Canadian Forces personnel moved out when the base was decommissioned in 1996. In 1998, four Tsuu T’ina families who had been unable to find affordable housing moved into the unoccupied residences and within a month, most of the BBC units were occupied.