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Author: Linda McKay-Panos Page 8 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.

Supreme Court of Canada Expresses Its Opinion on Alberta Privacy Case

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On December 4, 2013

In Constitutional, Labour/Employment, Supreme Court of Canada

PDF Version: Supreme Court of Canada Expresses Its Opinion on Alberta Privacy Case

Case commented on: Alberta Information and Privacy Commissioner v United Food and Commercial Workers, Local 401, 2013 SCC 62 (“AIPC v UFCW”)

This case out of Alberta has been the subject of other ABlawg posts (see here and here), and now the Supreme Court of Canada has made its views known on the constitutionality of Alberta’s privacy legislation. Clearly, the issues that were addressed were of interest across Canada as there were several interveners in the case, including the Attorneys General of Canada and Ontario, the Privacy Commissioners of Canada, Ontario and British Columbia, the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association and labour and business groups.

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Supreme Court of Canada May Finally Clear up Issue of “Employment” in Human Rights Cases

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On November 4, 2013

In Human Rights, Labour/Employment

PDF Version: Supreme Court of Canada May Finally Clear up Issue of “Employment” in Human Rights Cases

Case commented on: Fasken Martineau DuMoulin LLP v British Columbia (Human Rights Tribunal) 2012 BCCA 313; leave to appeal granted, Michael McCormick v Fasken Martineau Dumoulin LLP, 2013 CanLII 11313 (SCC).

I have written a number of posts (see for example here and here) about the narrowing interpretation given to “employment” in discrimination cases under the Alberta Human Rights Act, RSA 2000 c A-25.5. Since the Act protects individuals from discrimination in five areas (employment, notices, tenancy, services and accommodation, and trade unions), on several grounds (e.g., age, gender, race, colour, place of origin, ancestry, source of income, religious beliefs, family status, marital status, physical disability, mental disability, or sexual orientation), if the discrimination does not occur in an area defined as “employment” (or any of the other four areas) then the complainant cannot obtain a remedy under the Act. Consequently, one way that respondents seek to counter human rights complaints is by establishing that they do not fit within the current definition of “employment”, and hence the Commission does not have jurisdiction to deal with the complaint. As noted previously, the narrowing interpretation of “employment” seems to counter the overarching educational and remedial purpose of human rights law, and the “large and liberal interpretation” that is supposed to be given to provisions in the Act.

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Defining “Employment” Continues to be a Challenge—Even Outside of the Human Rights Process

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On October 7, 2013

In Labour/Employment

PDF Version: Defining “Employment” Continues to be a Challenge—Even Outside of the Human Rights Process

Cases commented on: Van Lent v Place, 2013 ABQB 494; Lovely v Prestige Travel Ltd., 2013 ABQB 467

Some previous posts on ABlawg (see, for example here) have addressed the narrowing of the definitions of “employee” and “employment”, particularly in Alberta human rights cases, and the implications of these decisions. Two recent decisions outside of the human rights realm demonstrate both the importance and implications of finding an “employment” relationship.

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City of Calgary not Entitled to Disclosure of Environmental Agreement on Lynnview Ridge

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On August 9, 2013

In Environmental, Privacy

PDF version: City of Calgary not Entitled to Disclosure of Environmental Agreement on Lynnview Ridge

Case Commented on: Imperial Oil Ltd v Calgary (City), 2013 ABQB 393.

Many people are concerned about what appears to be the lack of public access to government-held information. Ironically, in this case, the City of Calgary (a municipal government) is quite concerned about its lack of access to the Remediation Agreement reached between Alberta Environment and Imperial Oil Limited, which pertains to environmental remediation of lands contaminated by petroleum, hydrocarbon vapours and lead in Lynnview Ridge (a residential subdivision in Calgary).

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End? of a “Twenty-two-Year Odyssey” for Delorie Walsh

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On July 30, 2013

In Human Rights, Labour/Employment

PDF version: End? of a “Twenty-two-Year Odyssey” for Delorie Walsh

Case commented on: Walsh v Mobil Oil Canada, 2013 ABCA 238.

While several blogs have been written on the Walsh v Mobil Oil Canada case (see here, here and here), I was hoping not to have to write yet another one, and I really hope that the matter has come to a final conclusion, but I almost hesitate to so state. As noted by the majority of the Alberta Court of Appeal (Justices Paperny and McDonald, with Justice O’Ferrall concurring in the result), Ms. Walsh could not have known that when she filed her discrimination complaint against her former employer in 1991, it would lead to the termination of her employment and to a “22-year odyssey” to seek a remedy for her situation. As noted by the Court, Walsh appeared before the Human Rights Tribunal four times, the Court of Queen’s Bench twice, and this current case is Ms. Walsh’s second time before the Alberta Court of Appeal.

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