Category: Constitutional Page 72 of 74

Another stay of judgment denied in the challenge to Alberta’s cap on damages for soft tissue injuries

The latest judgment in the constitutional challenge to Alberta’s $4,000 cap on non-pecuniary damages for soft tissue injuries incurred in motor vehicle accidents was handed down on June 27, 2008 by Madam Justice Patricia Rowbotham of the Alberta Court of Appeal. State Farm Insurance Company, the insurer of the defendant in the personal injury action, had applied for a stay of the February 8, 2008 judgment of Associate Chief Justice Neil Wittmann. He had declared the Minor Injury Regulation, Alta. Reg. 124/2004 (MIR) unconstitutional, thus ending the $4,000 cap. See Morrow v. Zhang, 2008 ABQB 98 and the previous post on this judgment by Jennifer Koshan, “Not on Their Backs: Cap on Damages for Soft Tissue Injuries Struck Down; Court Denies Stay of Remedy Pending Appeal.” Justice Rowbotham denied State Farm’s application.

Funding Restored for Court Challenges Language Rights Programs

By Jennifer Koshan

On June 27, 2008

In Access to Justice, Constitutional

In 2 previous posts (see here and here) I discussed the application of Gilles Caron for an interim costs order to fund his language rights claim against the Alberta government. This application was required in large part because of the cancellation of the Court Challenges Program (CCP) by the Harper government in 2006. In a recent development described in an excellent post by Shelagh Day on rabble.ca the Fédération des communautés francophones et acadienne (FCFA) has settled its claim against the federal government for the cancellation of the CCP. Part of the settlement agreement includes the reinstatement of funding for minority language rights litigation. However, in spite of the fact that the FCFA’s claim was to restore funding for both the language rights and equality rights components of the CCP, the government only restored funding to the former. The FCFA’s victory is welcome, and may permit claims like that of Caron to proceed in the future without interim costs applications. However, there is a huge gap left by the continued inability of equality rights claimants to seek funding for their litigation. Will it take a costly lawsuit on the equality rights side to see funding restored?

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

By Jennifer Koshan

On May 24, 2008

In Constitutional

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.

Vriend Ten Years Later

By Linda McKay-Panos

On May 21, 2008

In Constitutional, Human Rights, Supreme Court of Canada

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.

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

By Jennifer Koshan

On May 16, 2008

In Constitutional, Municipal Law, Remedies

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.