Author Archives: Theresa Yurkewich

About Theresa Yurkewich

Theresa Yurkewich holds a Bachelor of Arts (Political Science) from The University of Western Ontario, as well as a Juris Doctor from the University of Calgary. She is currently a junior associate practicing primarily in civil litigation, and enjoys writing on topics of criminal, regulatory, and public law.

Uber & Calgary – A Modern Day Romeo & Juliet

By: Theresa Yurkewich

PDF Version: Uber & Calgary – A Modern Day Romeo & Juliet

The days of ride-sharing programs are nothing new, but with Uber’s recent opening in Edmonton, there is no doubt that it will soon make its way to Calgary. However, Uber is not the first taxi-alternative to make a run at the Calgary market. Blue & white Car2Gos can be seen populating the city, and especially the downtown core, where users sign up with their payment information and driver’s license in order to rent easy-to-park vehicles on a per-minute basis. These cars can be reserved using a mobile app or web browser and payment is electronically transferred when the ride ends.

But Car2Go isn’t the only ride-sharing program in Calgary – a simple search on Kijiji will find various drivers offering rides, Carpool.ca will match riders with drivers, and there are other start-ups in the works. This post will consider the legal regime governing ride-sharing, with a focus on Calgary, while identifying some of the legal issues that these programs might face when operating within a municipality.

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The Decision in Smith v St. Albert (City): An example of a Municipality’s Expansive Powers to Regulate Just About…Everything?

By: Ola Malik and Theresa Yurkewich

PDF Version: The Decision in Smith v St. Albert (City): An example of a Municipality’s Expansive Powers to Regulate Just About…Everything?

Case commented on: Smith v St. Albert (City), 2014 ABCA 76

In our system of cooperative federalism, it is well settled that limiting a government’s powers to the boundaries of its jurisdiction is a futile exercise. The dual aspect of a single jurisdictional subject matter is a reality for any federal system. It is more than likely that any one single jurisdictional subject matter can be shared by several different levels of government without leading to outright conflict. The courts’ modern approach to resolving the overlap is to recognize the dual aspect of a single subject matter, so long as the subservient legislation does not adversely affect or impair any vital element of the core competence of, or conflict with, legislation enacted by the higher level of government (Canadian Western Bank v Alberta, [2007] 2 SCR 3).

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The Captive Audience Doctrine: Protecting the Unwilling Listener’s Right to Privacy from Unwanted Speech

PDF Version: The Captive Audience Doctrine: Protecting the Unwilling Listener’s Right to Privacy from Unwanted Speech

Matter commented on: Section 2(b) of the Charter and the Captive Audience Doctrine

Consider the following scenarios:

  • Your lunch on an outdoor patio on Stephen Avenue Mall is interrupted by someone with a bullhorn blaring religious commandments, telling you that if you don’t follow their God, you are going to Hell;
  • You have given up taking your Sunday afternoon naps because a protest group has set up in a neighbouring park and conducts its meetings with the use of amplification which can be heard in your living room;
  • While you wait in line in a government building to pay an invoice, you have no choice but to endure a prayer service being conducted by a grassroots religious organization in the lobby of the building;
  • You are walking to work and someone confronts you, asking you to join their charitable cause.  You decline but the person follows you for several blocks, pressing you to change your mind and once that becomes futile, starts yelling at you.

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Some Much Needed R&R: Revisiting and Relaxing the Test for Public Interest Standing in Canada

PDF version: Some Much Needed R&R: Revisiting and Relaxing the Test for Public Interest Standing in Canada

Case Considered: Canada (Attorney General) v Downtown Eastside Sex Workers Against Violence Society, 2012 SCC 45

On September 21, 2012, the Supreme Court of Canada revisited the doctrine of public interest standing in Canada (Attorney General) v Downtown Eastside Sex Workers Against Violence Society, affirming the decision of the British Columbia Court of Appeal to grant the Downtown Eastside Sex Workers Against Violence Society (the Society) public interest standing to challenge the prostitution provisions of the Criminal Code (ss 210 to 213).  We comment on this Supreme Court decision for its potential to revise how the doctrine of public interest standing is applied by Alberta courts going forward.

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