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.

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

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. Continue reading →

ABCA Agrees that Long Term Disability Plan was Bona Fide

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. Continue reading →

Buterman’s Appeal on the Issue of Settlements Dismissed: Was that Reasonable?

By: Linda McKay-Panos

PDF Version: Buterman’s Appeal on the Issue of Settlements Dismissed: Was that Reasonable?

Cases Commented On: Buterman v St. Albert Roman Catholic Separate School District No. 734, 2017 ABCA 196 (CanLII) (Buterman, ABCA); Buterman v Board of Trustees of the Greater St. Albert Roman Catholic Separate School District No. 734, 2016 ABQB 159 (CanLII) (Buterman, ABQB 2016)

Jan Buterman wants to have a public airing on the merits of his human rights complaint, but he seems to have been stymied again. The current matter involves two appeals of decisions of the Alberta Human Rights Tribunal (AHRT) on preliminary matters. Hearings on procedural aspects of Buterman’s case have been going on for eight years. The last two cases deal with procedural aspects of the case, and also focus on the standard of review of the procedural decisions made by the AHRT. Continue reading →

Supreme Court of Canada Protects Freedom of Expression of Individuals During Election Campaigns

By: Linda McKay-Panos

PDF Version: Supreme Court of Canada Protects Freedom of Expression of Individuals During Election Campaigns

Case Commented On: BC Freedom of Information and Privacy Association v British Columbia (Attorney General) 2017 SCC 6 (CanLII)

In this case, which involves political speech that is at the very core of protected expression in Canada, the Supreme Court of Canada’s (SCC) ruling doesn’t turn on lofty values as much as it relies on statutory interpretation. It also provides some interesting discussion on the amount of evidence the government must provide in order to defend a violation of Charter section 2(b) under Charter section 1 in the election context.

The British Columbia Freedom of Information and Privacy Association (Association) challenged British Columbia’s Election Act, RSBC 1996, c 106, section 239, which requires registration with the Chief Electoral Officer by individuals or organizations who wish to “sponsor election advertising.” The SCC had previously upheld similar election registration legislation applying to third parties who spent at least $500 on election advertising (see, for example Harper v Canada (Attorney General), 2004 SCC 33, [2004] 1 SCR 827 (CanLII)(Harper)). Continue reading →

The Application of the Charter to a Protest on the Siksika Nation

By: Linda McKay-Panos

PDF Version: The Application of the Charter to a Protest on the Siksika Nation

Case Commented On: Siksika Nation v Crowchief, 2016 ABQB 596 (CanLII)

Recently there have been several cases involving the issue of whether the Charter of Rights and Freedoms (Charter) applies in a context where there is some government or public nexus but the action may be characterized as one involving private parties. See for example, my previous post on the application of the Charter to Universities.

This case presents yet another situation where the court is asked to address whether the Charter applies. Most of the decision involves whether the Court should grant an interlocutory injunction to the Siksika Nation. The Siksika Nation, represented by its Chief and Council (Applicant), filed a Statement of Claim seeking an injunction and damages against Ben Crowchief and “Unknown Defendants” (Respondents). A number of band members, including Crowchief, blockaded the reconstruction of Siksika Nation homes being built to address damages from flooding of the Bow River in 2013. The blockade was intended to protest the lack of accountability and transparency by the council and chief (at para 18). Continue reading →