Author Archives: Linda McKay-Panos

About Linda McKay-Panos

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.

When does aggressive panhandling become robbery?

PDF version: When does aggressive panhandling become robbery?

Case commented on: R v Ajang, 2012 ABCA 364.

This case addresses the relationship between members of society who are homeless or poor, and those who are uncomfortable and/or threatened by homeless or poor people, when they are asking for money. Mr. Ajang was charged with robbery under section 343(c) of the Criminal Code, RSC 1985 c C-46, which states that everyone commits robbery who assaults a person with intent to steal. The Trial Judge (Judge P.M. McIlhargey) found Ajang guilty of assault, but acquitted him of robbery. The Crown appealed this acquittal and the matter was heard by Justices Connie Hunt, Patricia Rowbotham and Brian O’Ferrall. The Court of Appeal overturned the acquittal and found that there was sufficient evidence of an intent to steal to support a conviction for robbery.

Continue reading →

Random Drug and Alcohol Testing Policy Implicates Safety, Privacy, Human Rights and Civil Liberties

PDF version: Random Drug and Alcohol Testing Policy Implicates Safety, Privacy, Human Rights and Civil Liberties

Case commented on: Communications, Energy and Paperworkers Union, Local 707 v Suncor Energy Inc. 2012 ABCA 307 (“CA”)

The issue of random drug and alcohol testing in the workplace has now reached national importance. The Supreme Court of Canada recently granted leave to appeal in such a case. See: Communication, Energy and Paperworkers Union of Canada, Local 30, v Irving Pulp & Paper Ltd., 2011 NBCA, leave to appeal to Supreme Court of Canada (“SCC”) granted: 2012 CanLII 14844 (SCC), (“Irving”). It is likely the SCC will hear this case in December 2012 (Jeff Gray, “Supreme Court to rule on random alcohol testing” The Globe and Mail 08 May 2012). Alberta has a keen interest in the outcome of this case as it has its own pending cases.

Continue reading →

Addictions, Human Rights and Professional Discipline – Will the SCC Wade In?

PDF version: Addictions, Human Rights and Professional Discipline – Will the SCC Wade In?

Case Commented on: Wright v College and Association of Registered Nurses of Alberta (Appeals Committee), 2012 ABCA 267

In this recent case, the majority (Justice Frans Slatter, concurred with by Justice Keith Ritter) and the dissent (Justice Ronald Berger) of the Alberta Court of Appeal fundamentally disagreed on the approach to be taken when there are human rights principles at issue in professional discipline matters. Genevieve Wright and Mona Helmer were nurses who were disciplined by the College and Association of Registered Nurses of Alberta (“CARNA”) for stealing narcotics and for falsifying related records. Both argued that their addiction to narcotics amounted to a disability under the Alberta Human Rights Act, RSA 2000, c A-25.5 (“AHRA”). Thus, they argued that their employer had a duty to accommodate such that a modified disciplinary procedure was required under the Health Professions Act, RSA 2000, c H-7 (“HPA”).

Continue reading →

Walsh and Mobil Oil – The Long-Running Saga Continues

PDF version: Walsh and Mobil Oil – The Long-Running Saga Continues

Decision commented on: Walsh v Mobil Canada, 2012 ABQB 527

After several tribunal and court proceedings, taking place over the past 20+ years, Mobil was found to have discriminated against Delorie Walsh and to have retaliated against her for complaining by terminating her employment. There have been several blogs written about this case (see “Court of Appeal Rules in Walsh Case: End of a Seventeen Year Journey?”and “Justice Received After Nineteen Years Delay in Walsh Case: What’s to blame?”).

Continue reading →

Alberta Court of Appeal Addresses Constitutionality of Personal Information Protection Act

PDF version: Alberta Court of Appeal Addresses Constitutionality of Personal Information Protection Act

Decision considered: Union Food and Commercial Workers, Local 401 v Alberta, 2012 ABCA 130

This is an appeal of a privacy case that was the subject of an earlier blog: See here. The employees of Palace Casino in West Edmonton Mall were on strike and both the United Food and Commercial Workers, Local 401 (“Union”), and the employer photographed and videotaped the picket line. People who crossed the picket line and those who walked in and out of the casino were also photographed or taped. The Union posted a sign stating: “by crossing the picket line you are providing your consent for your image to be posted at www.CasinoScabs.ca.” The employer’s Vice-President complained to the Privacy Commissioner that his photo was displayed on a poster at the picket site. Two other complainants who crossed the picket line said that they had been photographed or videotaped, although they never saw any images. The Office of the Privacy Commissioner’s (“OIPC”) Adjudicator accepted that it was a long-standing historical practice for Unions and employers to photograph and videotape at picket line sites.

Continue reading →