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.

Legal costs can be an issue in human rights cases

Case considered: Canadian Human Rights Commission v. Attorney General of Canada, et al., 2009 FCA 309, leave to appeal to Supreme Court of Canada granted, SCC Bulletin April 23, 2010, #33507, 2010 CanLII 20527

PDF version: Legal costs can be an issue in human rights cases

In the past few years, the issue of whether and how much legal costs should be awarded in human rights cases has arisen several times in Alberta (see my post on Boissoin v. Lund, for example). The costs issue has also arisen in a federal human rights case and will soon be addressed by the Supreme Court of Canada.

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Court Addresses the Duty of a University to Assist a Professor who was Seeking Information Related to his Teaching

Case considered: University of Alberta v. Alberta (Information and Privacy Commissioner), 2010 ABQB 89

PDF version: Court Addresses the Duty of a University to Assist a Professor who was Seeking Information Related to his Teaching

In Alberta, universities are subject to the Freedom of Information and Protection of Privacy Act, R.S.A. 2000, c. F-25 (“FOIPA“). University of Alberta professor Dr. Mikhail Kovalyov applied to the University for access to two kinds of records (but only the first kind of record was the subject of the court case). His original access to information request asked for information pertaining to his proposal for changes to a math course provided to the Chair and Associate Chair of the Mathematical and Statistical Sciences Department (“Math Department”); in particular, he asked for “written complaints, notes of oral complaints and any and all other documentation including any email between the Chair and Associate Chair or anyone else pertaining to this matter” (at para. 2). The University asked for clarification of the request, and Dr. Kovalyov replied with additional information, including a CD containing an audio-recording of a conversation between unidentified individuals discussing the math course and related complaints. The University wrote to Dr. Kovalyov, replying that it understood that Dr. Kovalyov was also requesting the documents the Chair referred to at the end of the audio-record, as well as all other documents, emails, notes, phone records pertaining to any information related to it, including information about the identification of the person from the very top of the University that the Chair referred to in the recorded conversation. Dr. Kovalyov did not reply to the University’s clarification letter.

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Cost Decision in the Human Rights Case of Lund v. Boissoin

Case considered: Boissoin v. Lund, 2010 ABQB 123

PDF version: Cost Decision in the Human Rights Case of Lund v. Boissoin

There are several ABlawg posts written about the human rights case involving Dr. Darren Lund’s complaint to the Alberta Human Rights Commission (see here). The case concerned the publication in the Red Deer Advocate of a letter to the editor written by Stephen Boissoin, which Dr. Lund alleged violated s.3 of Alberta’s Human Rights, Citizenship and Multiculturalism Act, R.S.A. 2000, c. H-14 (“HRCMA“, recently re-enacted as the Alberta Human Rights Act, R.S.A. 2000, c. A-25.5 (“AHRA“)). Justice Earl Wilson recently issued a Memorandum of Decision on the issue of costs.

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Court of Appeal Decision on Privacy Process Likely to Have Significant Impact on Office of Information and Privacy Commissioner

Case considered: Alberta Teachers’ Association v. Alberta (Information and Privacy Commissioner), 2010 ABCA 26

PDF version:  Court of Appeal Decision on Privacy Process Likely to Have Significant Impact on Office of Information and Privacy Commissioner

In a rare move, the Alberta Information and Privacy Commissioner, Frank Work, issued a strongly worded news release in response to the Alberta Court of Appeal’s decision in Alberta Teachers’ Association v. Alberta (Information and Privacy Commissioner) (“ATA“). See January 29, 2010, “Commissioner Work expresses Grave Concern over Recent Court of Appeal Ruling.” Mr. Work said, “This decision may have dire implications for every tribunal in this province which has stipulated timelines. There should be a lot of concern on that front.” What prompted this comment?

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My Vote for R. v. Hape as a Significant Legal Case of the Decade

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.

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