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.
Case considered: R. v. Hape, 2007 SCC 26
PDF version: My Vote for R. v. Hape as a Significant Legal Case of the Decade
When the R. v. Hape case was released at the Supreme Court of Canada, there was some negative reaction in the legal community, but its real significance did not become apparent until recently. In particular, it has become very significant in the litigation aimed at bringing Omar Khadr to Canada from Guantánamo Bay.
Case considered: Boissoin v. Lund, 2009 ABQB 592
PDF version: Court of Queen’s Bench Overturns Panel Decision in Boissoin v. Lund
Justice Earl Wilson of the Alberta Court of Queen’s Bench recently overturned the Human Rights Panel decision, which found that Mr. Stephen Boissoin and the Concerned Christian Coalition Inc. had, in a letter to the editor of a newspaper published June 17, 2002, expressed comments likely to expose gay persons to hatred and/or contempt due to their sexual orientation. See my earlier ABlawg posts on the Panel decision and the remedy decision.
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.
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.
PDF Version: Privacy and Video Surveillance on Campus
With thanks to Greg Hagen for his helpful suggestions on a draft of the blog.
Recently, I was walking across the campus at the University of Calgary and noticed that there was a display by an anti-abortion group (Campus Pro-Life Club). Because of a dispute over permission to have the display, the University had posted warning signs and barricades. One University sign indicated that the group was videotaping everyone who spoke to the display’s staffers and that this was contrary to the University’s Privacy Policy. Since I am aware that the University uses surveillance cameras, this incident caused me to wonder what rights students, staff and the public have with regard to video surveillance on campus, whether by the University or by others on campus.
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