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Category: Constitutional Page 51 of 71

Face-ing the Charter’s Application on University Campuses

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On June 13, 2012

In Constitutional

PDF version: Face-ing the Charter’s Application on University Campuses

Case considered: Pridgen v University of Calgary, 2012 ABCA 139

Linda McKay Panos recently posted an ABlawg comment on R v Whatcott, 2012 ABQB 231, where Justice Paul Jeffrey held that the Canadian Charter of Rights and Freedoms applied to the actions of the University of Calgary when it was enforcing trespass legislation against a non-student distributing anti-gay leaflets on campus (see University Campus is not Charter-Free). The Court of Appeal – or more accurately one member of the Court of Appeal – came to the same conclusion in the case of Pridgen v University of Calgary, 2012 ABCA 139, albeit in different circumstances. Shaun Fluker has already commented on the administrative law aspects of Pridgen (see The need to explain yourself before imposing discipline under the law); I will deal with the Court’s assessment of whether the Charter applies to the University in the context of student discipline proceedings.

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Alberta Court of Appeal Addresses Constitutionality of Personal Information Protection Act

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On June 5, 2012

In Constitutional, Labour/Employment, Property

PDF version: Alberta Court of Appeal Addresses Constitutionality of Personal Information Protection Act

Decision considered: Union Food and Commercial Workers, Local 401 v Alberta, 2012 ABCA 130

This is an appeal of a privacy case that was the subject of an earlier blog: See here. The employees of Palace Casino in West Edmonton Mall were on strike and both the United Food and Commercial Workers, Local 401 (“Union”), and the employer photographed and videotaped the picket line. People who crossed the picket line and those who walked in and out of the casino were also photographed or taped. The Union posted a sign stating: “by crossing the picket line you are providing your consent for your image to be posted at www.CasinoScabs.ca.” The employer’s Vice-President complained to the Privacy Commissioner that his photo was displayed on a poster at the picket site. Two other complainants who crossed the picket line said that they had been photographed or videotaped, although they never saw any images. The Office of the Privacy Commissioner’s (“OIPC”) Adjudicator accepted that it was a long-standing historical practice for Unions and employers to photograph and videotape at picket line sites.

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University Campus is not Charter-Free

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On May 28, 2012

In Constitutional

PDF version: University Campus is not Charter-Free

Case considered: R v Whatcott, 2012 ABQB 231

 Yet another case has arisen that raises the issues of whether and when the Charter might apply on a university campus. William Whatcott (Whatcott), an anti-abortion and anti-gay activist, is not merely before the Supreme Court of Canada for a human rights matter involving anti-gay leaflets (see: Appeal heard on October 12, 2011); he has also engaged the Alberta courts and the University of Calgary. In 2005, Whatcott was prohibited from campus under the Alberta Trespass to Premises Act, RSA 2000, c T-7 (TPA). On July 25, 2008, Whatcott was arrested by campus security for trespassing, when he was posting anti-gay literature on campus. Calgary Police then charged Whatcott with an offence under the TPA. After a trial, the Provincial Court of Alberta decided that Whatcott’s Charter right to freedom of expression (under section 2(b)) had been violated. The Trial Judge (Judge Bascom) then stayed the proceedings (see 2011 ABPC 336). The Crown appealed that decision to the Alberta Court of Queen’s Bench.

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In forma pauperis: A Constitutional Right to Access to Justice

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On April 12, 2012

In Access to Justice, Constitutional

PDF version: In forma pauperis: A Constitutional Right to Access to Justice

Case commented on: Toronto Dominion Bank v. Beaton, 2012 ABQB 125

Access to justice is a hot topic: it is the stuff of judicial speeches; test case litigation; law society initiatives; and the list goes on. In Toronto Dominion Bank v Beaton, 2012 ABQB 125, which dealt with the seemingly routine issue of whether the court could order a fee waiver for transcripts for a leave to appeal application, Justice Joanne Veit of the Alberta Court of Queen’s Bench held that there is a constitutional right to access to justice, but that it was not breached in the circumstances of the case.

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Decapitating the Fisheries Act by removing the HADD: A Critique of the Rationale

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On March 27, 2012

In Constitutional, Environmental, Fisheries Regulation, Natural Resources

PDF version: Decapitating the Fisheries Act  by removing the HADD: A Critique of the Rationale

Decision considered: Federal government proposal to remove habitat protection from the Fisheries Act.

The federal government of Canada proposes to remove the habitat protection provisions of the Fisheries Act RSC 2000, c F-14, s 35. Countless Canadians have vigorously spoken out against this proposal because removing these provisions would be a critical and fundamental change not only to federal legislative approach, but also to the management, protection, and well-being of fisheries in Canada.

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