Constitutional – Page 74

What does the Canadian Charter of Rights and Freedoms have to do with Oil and Gas Development in Alberta?

This is not the first time that section 7 of the Canadian Charter of Rights and Freedoms (the Charter) has been raised on an application for leave to appeal a decision of Alberta’s Energy and Utilities Board (EUB). It is, however, the first time that a justice of the Court of Appeal has put the issue squarely before the court. Can the granting of a licence by the EUB (now the ERCB) for a particular oil and gas well violate rights protected by section 7 of the Charter? Is it possible that the environmental risks and hazards of a particular oil and gas operation may be such as to trigger the protection of section 7 of the Charter? Mr. Justice J.A. Berger has said that this is arguable. In doing so, he has placed some difficult issues, with potentially far-reaching consequences, before the Court.

Canada Safeway’s Charter Right to Freedom of Expression Not Violated by Privacy Legislation When it Reported Co-op Employee’s Unique Shopping Methods

By Linda McKay-Panos

On February 20, 2008

In Constitutional, Human Rights

Cases Considered: Canada Safeway Limited v. Shineton, 2007 ABQB 773

PDF Version: Canada Safeway’s Charter Right to Freedom of Expression Not Violated by Privacy Legislation When it Reported Co-op Employee’s Unique Shopping Methods

In a judicial review of a decision of Alberta’s Privacy Commissioner, Canada Safeway put forward a very interesting (yet ultimately unsuccessful) argument as a defence to a complaint that it breached a person’s privacy; Safeway argued that s. 7 (1)(d) of the Personal Information Protection Act (“PIPA”), S.A. 2003, c. P-6.5 violated its right to freedom of expression under the Canadian Charter of Rights and Freedoms (“Charter”) s. 2(b).

Offensive Publication Case Highlights the Tension Between Human Rights and Civil Liberties

By Linda McKay-Panos

On December 11, 2007

In Administrative Law, Constitutional, Human Rights

Case(s) Considered: Darren Lund v. Stephen Boissoin and the Concerned Christian Coalition Inc. (November 30, 2007, Alta. H.R.P.; Lori G. Andreachuk, Q.C., Panel Chair)

PDF Version: Offensive Publication Case Highlights the Tension Between Human Rights and Civil Liberties

In many circumstances, human rights and civil liberties principles are complementary. However, in some cases—such as those involving freedom of expression—they can conflict. In examining s. 3 of Alberta’s Human Rights, Citizenship and Multiculturalism Act (“HRCMA”), R.S.A. 2000, c. H-14, the tension between these two values is acute. A recent Alberta Human Rights Panel (“Panel”) decision illustrates how difficult it is to balance freedom of expression (supported byfreedom of religion) and freedom from discrimination in Alberta.

Special Enough? Interim Costs and Access to Justice

By Jennifer Koshan

On December 11, 2007

In Access to Justice, Constitutional, Human Rights

Cases Considered: R. v. Caron, 2007 ABQB 632

PDF Version: Special Enough? Interim Costs and Access to Justice

On December 4, 2003, Gilles Caron was charged under Alberta’s Use of Highway and Rules of the Road Regulation, Alta Reg. 304/2002, with making an unsafe left turn, a charge with a maximum fine of $100. Almost 4 years later his case is still before the courts, and has taken on a significance that belies the seemingly innocuous nature of his initial traffic ticket.