Category: Human Rights Page 11 of 32

By: Linda McKay-Panos

PDF Version: Alberta Court of Queen’s Bench Overturns Discrimination Decision on Foreign Trained Engineer

Case Commented On: Association of Professional Engineers and Geoscientists of Alberta v Mihaly, 2016 ABQB 61 (CanLII)

In an earlier post with Jason Wai, we discussed the decision of the Alberta Human Rights Tribunal (AHRT), in which Mr. Ladislav Mihaly succeeded in arguing that the Association of Professional Engineers and Geoscientists of Alberta (APEGA) discriminated against him on the grounds of place of origin, when it refused to recognize his education as the equivalent of an engineering degree from an accredited Canadian University, and by requiring him to write certain examinations to confirm his credentials. The AHRT also concluded that APEGA could not justify its registration requirements. Thus, Mihaly was successful in his claim of discrimination and was awarded $10,000 for injury to dignity. The AHRT declined to award lost wages to Mihaly.

APEGA appealed the finding of discrimination by the AHRT, and Mihaly cross-appealed, asking for $1,000,000 for lost wages and registration with APEGA, or $2,000,000 if not registered with APEGA (at para 2).

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By: Jennifer Koshan

PDF Version: Status of Women Deputy Minister Visits the University of Calgary: A Wish List

Kim Armstrong, Deputy Minister of the Status of Women, visited the University of Calgary campus yesterday. I participated in one of her meetings with a group of deans, faculty members and senior staff.  One of the major themes from our meeting was the need for the university to attract and retain a diverse body of students, faculty and staff, and to prepare and support students with the challenges they may face in their fields once they graduate. The need for diversity and intercultural training was also a common theme. It was interesting to hear about initiatives at the university level and in other faculties: Valerie Pruegger, Director of the Office of Diversity, Equity and Protected Disclosure, reported that her strategic plan will soon be released; Jennifer Quin, Senior Director of Student Services, has been working on a new policy on sexual assault and sexual harassment on campus; the Faculty of Science is appointing an Associate Dean responsible for Diversity; and the Werklund School of Education has engaged in cluster hiring of First Nations, Inuit and Métis faculty members. I was pleased to report that our Faculty has a new student group, Calgary Women Studying Law, with whom the Deputy Minister would like to meet to discuss women and leadership, and that we are working towards implementing the recommendations regarding legal education from the Truth and Reconciliation Commission’s recent report (see Calls to Action # 27 and 28, available here).

On my wish list of matters for the Status of Women Ministry to undertake, in conjunction with the Ministry of Justice, are a few amendments to the Alberta Human Rights Act, RSA 2000, c A-25.5 (AHRA). These amendments would benefit university women as well as women and other equality-seeking groups in Alberta more generally.

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By: Jennifer Koshan

PDF Version: New Developments on the Test for Discrimination Under Human Rights Legislation: Time for Rehab?

Cases Commented On: Stewart v Elk Valley Coal Corporation, 2015 ABCA 225, Quebec (Commission des droits de la personne et des droits de la jeunesse) v Bombardier Inc. (Bombardier Aerospace Training Center), 2015 SCC 39

Last month Shaun Fluker posted a comment on the Alberta Court of Appeal’s standard of review analysis in Stewart v Elk Valley Coal Corporation, 2015 ABCA 225 (here). In this post I will comment on the Court of Appeal’s analysis of the test for discrimination under human rights legislation in Stewart, a matter I have commented on previously in relation to the same case at the Court of Queen’s Bench level (here), as well as in posts on other cases (see e.g. here, here and here). I will include in my analysis the Supreme Court of Canada’s decision from late July in Quebec (Commission des droits de la personne et des droits de la jeunesse) v. Bombardier Inc. (Bombardier Aerospace Training Center), 2015 SCC 39, which also deals with the test for discrimination. I will argue that the ABCA majority (Justices Watson and Picard) affirmed the wrong test in Stewart, particularly in light of the Supreme Court’s subsequent clarification in Bombardier. The approach of Justice O’Ferrall, writing in dissent at the Court of Appeal, is more in keeping with Bombardier and other recent jurisprudence.  

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By: Linda McKay-Panos

PDF Version: Mandatory Retirement of School Bus Drivers Again Before Alberta Human Rights Tribunal

Case Commented On: Mortland and VanRootselaar v Peace Wapiti School Division No 76, 2015 AHRC 9

Once again, the Human Rights Tribunal has been asked to address the issue of mandatory retirement for school bus drivers in Alberta. In an earlier case involving a preliminary hearing, Pelley and Albers v Northern Gateway Regional School Division No 76, 2012 AHRC 2 (Pelly and Albers), the Tribunal held that the School Division was an “employer” for the purposes of the Alberta Human Rights Act, RSA 2000 c A-25.5 (AHRA), section 7. (See my previous post on Pelly and Albers).

Mortland and VanRootselaar were each school bus drivers employed by the Peace Wapiti School Division No 76. They were mandatorily retired at the end of the school year in which they attained the age of 65. They filed individual complaints of age discrimination under section 7 of the AHRC (employment) with the Alberta Human Rights Commission. The School Division argued that the “age 65 or less” standard for bus driver employment was a bona fide occupational requirement under subsection 7(3) of the AHRA.

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