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Category: Constitutional Page 54 of 74

Transporting Liberty: A Right Not to be Deprived of Access to Public Transit?

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On June 21, 2012

In Constitutional, Criminal, Youth and the Law

PDF version: Transporting Liberty: A Right Not to be Deprived of Access to Public Transit?

Case considered:  R v S.A., 2012 ABQB 311, overturning 2011 ABPC 269

Section 7 of the Charter provides that “everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.”  The liberty interest in section 7 has been slowly evolving since the Charter came into force in 1982. Debates have occurred about how broadly the right not to be deprived of liberty should be constitutionally protected, and to date a majority of the Supreme Court has not accepted a wide interpretation.  In R v S.A., the issue was whether banning a young person from all Edmonton Transit System (ETS) properties for a period of time violated her protected liberty interests, and if so, whether this violation was contrary to the principles of fundamental justice.  At the Provincial Court level, Judge D. Dalton answered both questions in the affirmative, taking a broad approach to the interpretation of liberty (2011 ABPC 269). On appeal, Justice M.A. Binder of the Court of Queen’s Bench interpreted liberty more narrowly, and found that there was no violation of section 7 (2012 ABQB 311). An application for leave to appeal that decision was filed by S.A. on June 14. This post will contrast the two decisions and argue in favour of a broad interpretation of liberty in the circumstances of this case.

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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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