Category Archives: Constitutional

Suncor’s Random Drug and Alcohol Testing Policy Continues to be the Subject of Litigation

By: Linda McKay-Panos

PDF Version: Suncor’s Random Drug and Alcohol Testing Policy Continues to be the Subject of Litigation

Case Commented On: Unifor, Local 707A v Suncor Energy Inc., 2018 ABCA 75 (CanLII)

There have been several previous ABlawg posts on this litigation related to drug testing in the workplace. See here, here, here, and here.

Suncor Energy Inc. appealed an interim injunction granted by the ABQB (Unifor, Local 707A v Suncor Energy Inc., 2017 ABQB 752 (CanLII)), which prohibited it from implementing random drug and alcohol testing of members of Unifor Local 707A (Unifor) in the Regional Municipality of Wood Buffalo until a new arbitration is ordered, unless the Supreme Court of Canada determines that a new arbitration is unnecessary (application for leave to appeal Suncor Energy Inc v Unifor Local 707A, 2017 ABCA 313 (CanLII) (the arbitration matter) to the SCC was initiated in November 2017). In the instant case, a majority of the Alberta Court of Appeal (per Justices Ronald Berger and Patricia Rowbotham) upheld the interim injunction.

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Not Your Grandfather’s Cooperative Federalism: Constitutional Themes at the Supreme Court Hearing of Redwater

By: Scott Carrière

PDF Version: Not Your Grandfather’s Cooperative Federalism: Constitutional Themes at the Supreme Court Hearing of Redwater

Case Commented On: Orphan Well Association, et al v Grant Thornton Limited, et al, 2017 ABCA 124 (CanLII), leave granted 2017 CanLII 75023 (SCC), webcast available here, factums on appeal available here

Background

The Orphan Well Association and Alberta Energy Regulator’s action against a now-defunct oil and gas company’s bankruptcy trustee and primary creditor— commonly known as Redwater—was heard before the Supreme Court in February, and with the facts of the case disclosing a number of significant issues pertaining to the division of powers, the constitutional themes took centre stage throughout the oral and written submissions to the court. The arguments put forward by the parties and interveners represent significant considerations of Canada’s doctrinal approach to federalism as they pertain to contemporary natural resource governance. This post focuses on these substantial doctrinal issues put to the court by the parties and interveners, as it is likely that the case will be decided on narrower bases than the full suite of considerations put to the Court given its general restraint on constitutional matters that could represent a shift in the established doctrine dealing with the division of federal and provincial powers. Continue reading →

SCC Overturns ABCA Ruling on Mandatory Interlocutory Injunction re: Information on Media Outlet’s Website

By: Linda McKay-Panos

PDF Version: SCC Overturns ABCA Ruling on Mandatory Interlocutory Injunction re: Information on Media Outlet’s Website

Case Commented On: R v Canadian Broadcasting Corp., 2018 SCC 5 (CanLII) (“CBC SCC”)

The Supreme Court of Canada (SCC) recently overturned the Alberta Court of Appeal’s ruling on this case and reinstated the Alberta Court of Queen’s Bench decision. This case has been the subject of previous blog postings by my colleague, Hasna Shireen; see here, here and here. Continue reading →

Third-Party Constitutional Remedies to Unjust Law during Stays in Declarations of Invalidity

By: Nicholas Konstantinov

PDF Version: Third-Party Constitutional Remedies to Unjust Law during Stays in Declarations of Invalidity

Case Commented On: Laverick v Alberta (Transportation Safety Board), 2018 ABQB 57 (CanLII)

In Laverick v Alberta (Transportation Safety Board), 2018 ABQB 57 (CanLII), Justice W. P. Sullivan acknowledged that a third-party applicant may argue for a stay of proceedings pursuant to section 24(1) of the Canadian Charter of Rights and Freedoms against charges under section 88.1 of the Traffic Safety Act, RSA 2000, c T-6 [TSA], the administrative license suspension (“ALS”) regime. Despite the suspended declaration of section 88.1’s invalidity under section 52 of the Constitution Act, 1867, 30 & 31 Vict, c 3, an applicant may utilise the Court’s decision in Sahaluk v Alberta (Transportation Safety Board), 2017 ABCA 153 (CanLII) [Sahaluk I] (see here for a case commentary) as precedent for a constitutional exemption provided that he or she: 1) pled not guilty, 2) exhausted all statutory remedies, 3) demonstrated personal Charter right violations, and 4) passed the balance of convenience test.  Continue reading →

Self-Incrimination Immunity and Professional Misconduct

By: Nicholas Konstantinov

PDF Version: Self-Incrimination Immunity and Professional Misconduct

Case Commented On: Toy v Edmonton (Police Service), 2018 ABCA 37 (CanLII)

In Toy v Edmonton (Police Service), the Alberta Court of Appeal dismissed former Constable Elvin Toy’s appeal of a 2015 ruling that led to his discharge from the force. That year, the Law Enforcement Review Board upheld a Presiding Officer’s decision convicting Toy of deceit and misconduct in the course of fabricating evidence at an earlier proceeding. Toy argued that the Board failed to apply the appropriate standard of review to correct the Presiding Officer’s error in law, which resulted in admitting involuntary testimony that offended his privilege against self-incrimination.  Continue reading →