Category Archives: Constitutional

A Vital Judgment: Upholding Transgendered Rights in Alberta

By: Jennifer Koshan

PDF Version: A Vital Judgment: Upholding Transgendered Rights in Alberta

Case commented on: C.F. v Alberta, 2014 ABQB 237 (CanLII)

Alberta’s Director of Vital Statistics interpreted her home statute, the Vital Statistics Act (RSA 2000, c V-4 (Old VSA), later repealed and replaced by SA 2007, c V-4.1 (New VSA)) in a way that required transgendered people to have genital reconstructive surgery in order to be eligible to have the sex on their birth certificate changed. C.F., a trans female, challenged this interpretation as contrary to her rights under sections 7 and 15 of the Canadian Charter of Rights and Freedoms (Charter). In a ground breaking decision released on April 22, 2014, Justice B.R. Burrows of the Alberta Court of Queen’s Bench found in favour of C.F. and ordered the Director to issue her a new birth certificate. The Alberta government has included amendments to the Vital Statistics Act in section 9 of Bill 12, the Statutes Amendment Act, 2014, which was introduced in the legislature on May 5, 2014.

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“The Feather and the Fiddle”: The Meaning of ‘Indian’ in s 91(24)

By: Geoff S. Costeloe

PDF Version: “The Feather and the Fiddle”: The Meaning of ‘Indian’ in s 91(24)

Cases commented on: Daniels v Canada, 2013 FC 6; Canada v Daniels, 2014 FCA 101.

A decision by the Federal Court of Appeal has largely upheld a trial judge’s finding on just who exactly is encompassed by the word ‘Indian’ in s 91(24) of the Constitution Act, 1867. The section gives the federal government the power to regulate

24.       Indians, and Lands reserved for Indians.

The argument brought by the plaintiffs is that the word ‘Indian’ is broad enough to include both Métis individuals and non-status Indians. The trial judge found that both of these groups were ‘Indians’ under s 91(24) while the Federal Court of Appeal upheld the inclusion of Métis, but it rejected the inclusion of non-status Indians. Both of these decisions will be discussed below. The trial decision was the subject of the Alberta Court of Appeal moot this year, in which I participated as co-counsel for the plaintiffs (with Dex Zucchi, who dealt with issues on fiduciary duty that will not be addressed here).

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The Statutory Exclusion of Farm Workers from the Alberta Labour Relations Code

By: Brynna Takasugi, Delna Contractor, and Paul Kennett

PDF Version: The Statutory Exclusion of Farm Workers from the Alberta Labour Relations Code

Legislation Commented On: Labour Relations Code, RSA 2000, c L-1

Editor’s Note

This is the second in the series of four posts written by students in Law 696: Constitutional Clinical in the winter term of 2014 (for the first post in this series see here). This post focuses on the exclusion of farm workers from Alberta’s Labour Relations Code, RSA 2000, c L-1, (LRC), and is being published to coincide with May Day and International Workers’ Day (May 1), as it concerns the inability of farm workers to unionize and collectively protect their interests. The following is a summary of the students’ primary arguments regarding the unconstitutionality of the LRC’s exclusion of farm workers.

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Federal Court Strikes Down State of Minnesota’s Limits on Coal Power Imports: A Critical Moment for State Regulation of Imported Fuel & Electricity

By: James Coleman

PDF Version: Federal Court Strikes Down State of Minnesota’s Limits on Coal Power Imports: A Critical Moment for State Regulation of Imported Fuel & Electricity

Case Commented On: State of North Dakota, et al., v Beverly Heydinger, et al., Case No. 11-cv-3232, (D. Minn., Apr. 18, 2014)

On April 18, the U.S. District Court for the District of Minnesota struck down the State of Minnesota’s restrictions on importing electricity from coal power plants in other states. The court held that these restrictions improperly regulated electric generators and utilities outside the state. The decision sets a precedent that could threaten state regulations of imported fuel and electricity, such as the numerous renewable power standards and California’s low carbon fuel standard. These regulations have been a flashpoint for conflicts between in-state and out-of-state interests, including Canadian energy producers who believe that the standards discriminate against them.

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Alberta Farm and Ranch Workers: The Last Frontier of Workplace Protection

By: Kay Turner, Gianna Argento, and Heidi Rolfe

PDF Version: Alberta Farm and Ranch Workers: The Last Frontier of Workplace Protection

Legislation Commented On: Occupational Health and Safety Act, RSA 2000, c O-2

Editor’s Note

This is the first in a series of four posts written by students in Law 696: Constitutional Clinical in the winter term of 2014 (supervised by Professor Jennifer Koshan). The students worked with several clients and developed arguments for constitutional challenges to the exclusion of farm workers from labour and employment legislation in Alberta. April 28, 2014 is the 18th Annual International Day of Mourning for workers killed and injured on the job, and the Edmonton and District Labour Council is focusing on the plight of farm workers in their service today (6:00 pm at Grant Notley Park, 11603-100th Avenue). The Calgary & District Labour Council’s is also holding a service today for the Day of Mourning (12:15 pm at the City of Calgary Workers Memorial, Edward Place Park, at the SE corner of City Hall). Accordingly, we launch this series with a post on Alberta’s Occupational Health and Safety Act, which protects worker health and safety (but excludes most farm and ranch workers). Subsequent posts will deal with the exclusion of farm workers from the Employment Standards Code, RSA 2000, c E-9, the Labour Relations Code, RSA 200 c L-1, and the Workers’ Compensation Act, RSA 2000 c W-15.

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