Author: Linda McKay-Panos Page 2 of 22

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.

By: Linda McKay-Panos

PDF Version: Arbitrator’s Decision re Post-Incident Drug and Alcohol Test Upheld on Judicial Review

Decision Commented On: Canadian Energy Workers’ Association v ATCO Electric Ltd, 2018 ABQB 258, (CEWA)

Clearly, challenges surrounding drug and alcohol testing policies and procedures take up quite a bit of time and energy of companies, unions, arbitrators and eventually, courts. The factual context is very important in these cases. This leads to the courts often deferring to the fact finding and conclusions drawn by tribunals.

Suncor’s Random Drug and Alcohol Testing Policy Continues to be the Subject of Litigation

By Linda McKay-Panos

On April 4, 2018

In Constitutional

By: Linda McKay-Panos

PDF Version: Suncor’s Random Drug and Alcohol Testing Policy Continues to be the Subject of Litigation

Case Commented On: Unifor, Local 707A v Suncor Energy Inc., 2018 ABCA 75 (CanLII)

There have been several previous ABlawg posts on this litigation related to drug testing in the workplace. See here, here, here, and here.

Suncor Energy Inc. appealed an interim injunction granted by the ABQB (Unifor, Local 707A v Suncor Energy Inc., 2017 ABQB 752 (CanLII)), which prohibited it from implementing random drug and alcohol testing of members of Unifor Local 707A (Unifor) in the Regional Municipality of Wood Buffalo until a new arbitration is ordered, unless the Supreme Court of Canada determines that a new arbitration is unnecessary (application for leave to appeal Suncor Energy Inc v Unifor Local 707A, 2017 ABCA 313 (CanLII) (the arbitration matter) to the SCC was initiated in November 2017). In the instant case, a majority of the Alberta Court of Appeal (per Justices Ronald Berger and Patricia Rowbotham) upheld the interim injunction.

SCC Overturns ABCA Ruling on Mandatory Interlocutory Injunction re: Information on Media Outlet’s Website

By Linda McKay-Panos

On March 7, 2018

In Constitutional, Criminal

By: Linda McKay-Panos

PDF Version: SCC Overturns ABCA Ruling on Mandatory Interlocutory Injunction re: Information on Media Outlet’s Website

Case Commented On: R v Canadian Broadcasting Corp., 2018 SCC 5 (CanLII) (“CBC SCC”)

The Supreme Court of Canada (SCC) recently overturned the Alberta Court of Appeal’s ruling on this case and reinstated the Alberta Court of Queen’s Bench decision. This case has been the subject of previous blog postings by my colleague, Hasna Shireen; see here, here and here.

Yet Another Development in the Saga of Random Drug and Alcohol Testing at Suncor

By Linda McKay-Panos

On January 3, 2018

In Constitutional, Labour/Employment

By: Linda McKay-Panos

PDF Version: Yet Another Development in the Saga of Random Drug and Alcohol Testing at Suncor

Case Commented On: Unifor, Local 707A v Suncor Energy Inc, 2017 ABQB 752 (CanLII)

Recently, the Alberta Court of Queen’s Bench (per Justice R. Paul Belzil) granted Unifor, Local 707A (the Union) an interim injunction prohibiting Suncor Energy Inc (Suncor) from implementing its random drug and alcohol testing policy pending either a successful application for leave to appeal to the Supreme Court of Canada or, failing that, the parties holding a fresh arbitration hearing in early 2018.

ABCA Agrees that Long Term Disability Plan was Bona Fide

By Linda McKay-Panos

On November 14, 2017

In Human Rights

By: Linda McKay-Panos

PDF Version: ABCA Agrees that Long Term Disability Plan was Bona Fide

Case Commented On: International Brotherhood of Electrical Workers, Local No. 1007 v Epcor Utilities Inc., 2017 ABCA 314 (CanLII)

In two earlier rather complex decisions (Epcor Utilities Inc. v International Brotherhood of Electrical Workers Local No. 1007 (McGowan Grievance) (2015), 22 CCPB (2d) 57, 2015 CanLII 62763 (AB GAA), application for judicial review dismissed; International Brotherhood of Electrical Workers Local 1007 v Epcor Utilities Inc., 2016 ABQB 574 (CanLII)), Epcor Utilities Inc.’s long term disability plan was held at first glance to discriminate based on age, but was defended because it was a legitimate and genuine (bona fide) pension plan. In an earlier post, I described the lower court’s focus on statutory interpretation of subsection 7(2) of the Alberta Human Rights Act, RSA 2000, c A-25.5 (AHRA).

After an appeal by the International Brotherhood of Electrical Workers, Local 1007 (IBEW), the ABCA (per Justices Ronald Berger, Frans Slatter and Jo’Anne Strekaf) upheld the ABQB’s ruling.