Category Archives: Constitutional

Leave to Intervene Denied to Insurance Co. in Appeal of Cap on Minor Injuries

Cases Considered: Pedersen v. Alberta, 2008 ABCA 192

PDF Version: Leave to Intervene Denied to Insurance Co. in Appeal of Cap on Minor Injuries

As noted in a previous post, on February 8, 2008, Associate Chief Justice Neil Wittmann of the Alberta Court of Queen’s Bench struck down the $4000 cap on non-pecuniary damages for soft tissue injuries incurred in motor vehicle accidents under s. 15 of the Charter. The defendants, the Alberta government and the Insurance Bureau of Canada, have filed an appeal of this ruling, and one of the plaintiffs (Morrow) has filed a cross-appeal of the dismissal of arguments made under s. 7 of the Charter. The Alberta courts’ most recent ruling in the case concerns the application of the Dominion of Canada General Insurance Company (Dominion) for leave to intervene in the appeal. On May 21, 2008, the Court of Appeal denied Dominion’s application.

Continue reading →

Vriend Ten Years Later

By: Linda McKay-Panos

PDF Version: Vriend Ten Years Later

Case Commented On: Vriend v Alberta, [1998] 1 S.C.R. 493

April 2, 2008 marked the 10th anniversary of the release of the SCC decision in Vriend v Alberta. This decision was remarkable in many ways. First, there were no less than 17 intervenors by the time the case reached the SCC. Our affiliated agency, the Alberta Civil Liberties Association, was one of those intervenors. The case was significant because of the remedy that was ordered by the SCC and because of the analysis that the SCC undertook in determining that sexual orientation should be included as a protected ground in Alberta’s Individual’s Rights Protection Act (“IRPA”, now called the Human Rights, Citizenship and Multiculturalism Act (“HRCMA”), R.S.A. 2000, c. H-14). It is also interesting to examine what has happened in the area of sexual orientation and human rights since this noteworthy case.

Continue reading →

Making Noise: Loudspeaker Preaching to Homeless Leads to Contempt and Injunction

Cases Considered: Pawlowski v. Calgary (City), 2008 ABQB 267

PDF Version: Making Noise: Loudspeaker Preaching to Homeless Leads to Contempt and Injunction 

The Street Church Ministries (“SCM”) and its leader, Artur Pawlowski, have been active and controversial participants in Calgary’s response to homelessness for the last few years. The SCM holds religious services in downtown Calgary parks and gives away free meals to the homeless there. Pawlowski uses amplified sound during his sermons “to reach out to drug dealers, prostitutes and others who have fallen through the gaps” of Calgary society, and believes it is God’s command that he feed and provide hope for the poor (Graeme Morton and Richard Cuthbertson, “Ban on preacher’s loudspeaker upheld”, Calgary Herald, May 1, 2008, p. B7). However, use of amplified sound without a permit is banned by Calgary’s Parks and Pathways Bylaw, Bylaw No. 20M2003. While originally the City permitted the SCM to use amplified sound, after receiving noise complaints from nearby residents (including those at the Calgary Drop-In Centre) it would only permit use of the parks without amplification, although it offered to find an alternative site where such sound could be used. Pawlowski refused the offer and continued his loudspeaker preaching, leading to bylaw tickets, injunction applications, and eventually, in this most recent case, a civil contempt order.

Continue reading →

Eviction Notice Effectively Stayed for Residents of Black Bear Crossing

Cases Considered: Tsuu T’ina Nation v. Bearchief, 2008 ABCA 74

PDF Version: Eviction Notice Effectively Stayed for Residents of Black Bear Crossing

Black Bear Crossing (“BBC”) consists of 161 units on the former barracks of the Canadian Armed Forces, situated on 940 acres on the northeast corner of the Tsuu T’ina reserve. The residences have been occupied by Tsuu T’ina Band members, as well as those claiming Band membership, since Canadian Forces personnel moved out when the base was decommissioned in 1996. In 1998, four Tsuu T’ina families who had been unable to find affordable housing moved into the unoccupied residences and within a month, most of the BBC units were occupied.

Continue reading →

Stay Of Interim Funding Denied In Language Rights Case

Cases Considered: R. v. Caron, 2008 ABCA 111

PDF Version: Stay Of Interim Funding Denied In Language Rights Case

In October 2007, Gilles Caron was awarded interim costs by Mr. Justice V.O. Ouellette of the Alberta Court of Queen’s Bench in relation to legal fees for a language rights claim (see here). This case was the subject of an earlier comment on ABlawg. On March 19, 2008, Justice Keith Ritter of the Alberta Court of Appeal denied the Crown’s application for a stay of the interim costs order pending appeal.

Continue reading →