Category Archives: Access to Justice

The 2018/2019 Year in Access to Justice Issues on ABlawg

PDF Version: The 2018/2019 Year in Access to Justice Issues on ABlawg

The Canadian Bar Association’s Access to Justice Week in Alberta runs from September 28-October 5, 2019. This annual event is meant to highlight the ongoing inequality in access to legal services and legal dispute resolution mechanisms in Canada. Many Canadians are unable to protect their rights and interests in our legal system. This means those on the lower economic rungs are subject to the law but rarely protected by it – a black mark on the rule of law in Canada. The full list of events can be accessed at the website here.

This is a summary of ABlawg posts dealing with access to justice issues from September 2018 to September 2019. These posts covered important issues on access to justice issues, and I start by following up on the four indicator issues discussed in my post from last year. Continue reading →

A Stressful Legal System Creates Vexatious Self-Reps

By: Drew Yewchuk & Christine Laing

PDF Version: A Stressful Legal System Creates Vexatious Self-Reps

Case Commented On: Davis v Alberta (Human Rights Commission), 2019 ABQB 6 (CanLII)

Davis v Alberta (Human Rights Commission) is a judicial review of a decision by the Acting Chief of the Alberta Human Rights Commission (AHRC) to dismiss three complaints filed by Ms. Davis with the AHRC. There are no significant developments in human rights law in this decision, but it offers a good opportunity to consider the impact of administrative delays in dispute resolution mechanisms on individuals, especially self-represented ones. Davis also offers an example where the Alberta Court of Queen’s Bench was invited to find a self-represented litigant vexatious for the purposes of a costs decision.

Continue reading →

Rowbotham Order, Publication Ban, Sealing Order and In Camera Proceeding

By: Myrna El Fakhry Tuttle

PDF Version: Rowbotham Order, Publication Ban, Sealing Order and In Camera Proceeding

Case Commented On: R v Vader, 2018 ABCA 389

The Appellant, Her Majesty the Queen, appealed a Rowbotham order granted by Justice DRG Thomas on March 11, 2016, which directed the Alberta government to pay Mr. Vader’s (the Respondent’s) legal fees for work previously completed. The order also allowed a publication ban, a sealing order and an in camera hearing of the Rowbotham application.

Continue reading →

Discrimination and Harassment Case Highlights the Difficulties in Choosing the Appropriate Forum

By: Linda McKay-Panos

PDF Version: Discrimination and Harassment Case Highlights the Difficulties in Choosing the Appropriate Forum

Case Commented On: LL v Canadian Natural Resources Ltd, 2018 ABQB 879

LL sued her former employer Canadian Natural Resources Ltd (CNRL) for damages for its failure to protect her (as her employer) from ongoing sexual harassment and abuse. LL also claimed damages for constructive dismissal. CNRL applied to have the actions summarily dismissed or for an order to have portions of LL’s claims struck (at paras 1-3).

Continue reading →

Resisting Assimilation: the Politique en matière de francophonie in Alberta, Bessette v British Columbia, and the Impact of Language Rights on Access to Justice

By: Alexandra Heine

PDF Version: Resisting Assimilation: the Politique en matière de francophonie in Alberta, Bessette v British Columbia, and the Impact of Language Rights on Access to Justice

Cases Commented On: R v Bessette, 2015 BCPC 230; Bessette v British Columbia (Attorney General), 2016 BCSC 2416; Bessette v British Columbia (Attorney General), 2017 BCCA 264; Bessette v British Columbia (Attorney General), 2018 BCCA 59; Joseph Roy Éric Bessette v Attorney General of British Columbia, Supreme Court of Canada, Docket: 37790

In June 2017, the Government of Alberta unveiled the Politique en matière de francophonie (Politique en matière de francophonie, Alberta Government) in an attempt to recognize the importance of protecting French minority communities. The goal of this policy is to substantiate the re-emergence of Francophone communities in Alberta by improving the accessibility and quality of services in French. Amongst other things, the government stated that they would communicate more often in French and add the Franco-Albertan flag to the list of provincial emblems. The government has also indicated that they will consider making the policy into a law.

Continue reading →