Category: Constitutional Page 46 of 74

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.

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

By Ola Malik

On March 28, 2014

In Constitutional, Municipal Law

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).

Drug Paraphernalia Bylaw Upheld as Constitutional

By Linda McKay-Panos

On March 21, 2014

In Constitutional, Criminal, Municipal Law

By: Linda McKay-Panos

PDF Version: Drug Paraphernalia Bylaw Upheld as Constitutional

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

University of Calgary Constitutional law students will find this case interesting and perhaps will feel vindicated when they read this decision; it may also bring back memories of the midterm exam. In an earlier blog (see here) I discussed Justice Terry Clackson’s decision that portions of St. Albert’s Bylaw “restricting the sale and display of items associated with illicit drug consumption are unconstitutional, on the ground that they are, in pith and substance, criminal law and therefore outside the jurisdiction of the municipality” (para 1).

More Uncertainty on the Test for Discrimination under Human Rights Legislation

By Jennifer Koshan

On February 24, 2014

In Constitutional, Human Rights, Labour/Employment

By: Jennifer Koshan

PDF Version: More Uncertainty on the Test for Discrimination under Human Rights Legislation

Case commented on: Bish v Elk Valley Coal Corporation, 2013 ABQB 756

I have written previous posts on ABlawg critiquing the influence of section 15 of the Charter in creating an overly onerous approach to the test for discrimination under human rights legislation in Alberta (see here and here). In late December, another human rights decision showing this influence was released in Bish v Elk Valley Coal Corporation. Unfortunately, Justice Peter Michalyshyn of the Alberta Court of Queen’s Bench gave short shrift to recent developments out of the Supreme Court of Canada on the appropriate test for discrimination. He also declined to follow the Supreme Court’s recent pronouncements on the appropriate standard of review in this context. The Bish case is now under appeal, and one has to hope that the Alberta Court of Appeal will provide some consistency with recent Supreme Court decisions in its appeal decision.

Remembering Professor George Anastaplo

By Maureen Duffy

On February 21, 2014

In Constitutional

By: Maureen T. Duffy

PDF Version: Remembering Professor George Anastaplo

Since I have become a law professor, I often find myself remembering my own law school experiences, as comparisons are unavoidable. Because I teach Constitutional Law, I have been reminded recently of my own time as a Constitutional Law student in a class taught by Professor George Anastaplo at Loyola University Chicago School of Law. I have been planning for some time to write to him to tell him that I am now teaching Constitutional Law in Canada, and to thank him for inspiring me.