Author: Linda McKay-Panos Page 21 of 23

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.

A recent Alberta Court of Queen’s Bench case brings to the fore the issue of strict limitation provisions in human rights cases. The limitation issue applies both to making a complaint and to the strict procedural time rules imposed during the complaint process. These rules seem overly harsh in view of the fact that most complainants are not represented by lawyers and the requirements can be quite confusing and complex.

Alberta Court of Appeal Upholds Constitutionality of Deferring Publication of Information Given at Bail Hearings

By Linda McKay-Panos

On September 25, 2008

In Constitutional, Criminal

Cases Considered: R. v. White, 2008 ABCA 294

PDF Version: Alberta Court of Appeal Upholds Constitutionality of Deferring Publication of Information Given at Bail Hearings

In these days of flagrant disregard of publication restrictions, especially by “electronic ban breakers” (in the case of Karla Homolka, for example), it is interesting to see yet another case where various traditional media sought to strike down a provision of the Criminal Code dealing with the publication of evidence heard in bail proceedings.

Court of Appeal Rules in Walsh Case: End of a Seventeen Year Journey?

By Linda McKay-Panos

On September 4, 2008

In Human Rights, Labour/Employment

Cases Considered: Walsh v. Mobil Oil Canada, 2008 ABCA 268

PDF Version: Court of Appeal Rules in Walsh Case: End of a Seventeen Year Journey?

People often cite the length of time it takes to resolve human rights complaints as a deterrent to making such complaints. Delorie Walsh’s case may be cited as an extreme example. And, if the respondents appeal the current decision to the Supreme Court of Canada, the case might not be over yet.

Racial Profiling–Identification or Discrimination?

By Linda McKay-Panos

On August 30, 2008

In Human Rights

Cases Considered: Coward v. Alberta (Human Rights and Citizenship Commission, Chief Commissioner) 2008 ABQB 455

PDF Version: Racial Profiling–Identification or Discrimination?

This case was an application for judicial review of a decision of the Chief Commissioner of the Alberta Human Rights and Citizenship Commission (“Commission”). It addresses some very interesting issues, including the jurisdiction of the Commission to deal with the Canadian Charter of Rights and Freedoms (“Charter“) issues, and which police behaviour will amount to racial discrimination.

Human Rights Panel Faced with Mandatory Retirement (Again)

By Linda McKay-Panos

On June 30, 2008

In Human Rights

Cases Considered: Webber v. Canadian Forest Products Ltd. (Alta. H.R.P.; May 30, 2008) (Brenda F. Scragg, Panel Chair)

PDF Version: Human Rights Panel Faced with Mandatory Retirement (Again)

Although this case deals with a legal issue that is far from new, there are a couple of significant developments regarding mandatory retirement and discrimination. Mr. Webber had worked for Canadian Forest Products Ltd. (“Canfor”) in a mill for over 24 years before retiring on October 29, 2004 at age 65, because he was subject to a long-standing mandatory retirement policy. Not wanting to retire, he had requested but been denied an extension. Although Mr. Webber was a member of a union, he did not file a grievance, but instead, on the advice of his union, on October 18, 2004, filed a complaint with the Alberta Human Rights and Citizenship Commission (“Commission”) under s. 7(1)(a) of the Human Rights Citizenship and Multiculturalism Act, R.S.A. 2000, c. H-14 (“HRCMA“) for discrimination in the area of employment on the ground of age. As the matter was not resolved at the Commission, the Chief Commissioner ordered a Human Rights Panel (“Panel”) to hear the matter.

Author: Linda McKay-Panos Page 21 of 23

The Limits of Limitations for Human Rights Complaints

Alberta Court of Appeal Upholds Constitutionality of Deferring Publication of Information Given at Bail Hearings

Court of Appeal Rules in Walsh Case: End of a Seventeen Year Journey?

Racial Profiling–Identification or Discrimination?

Human Rights Panel Faced with Mandatory Retirement (Again)