Category: Human Rights Page 12 of 32

By: Maureen Duffy

PDF Version: “Inspired by the Past, We Shape the Future”

Matter Commented On: Conference on “Interdisciplinary Approaches to Security in the Changing World,” and attacks by extremists on educational institutions, “Inspired by the Past, We Shape the Future”

Recent terrorist and/or militant incidents have focused on universities and schools, assumed, by some, to be a desirable target for extremists because of their symbolic value. Another motivation for such attacks may be that education itself is viewed as an antidote to the spread of extremism, and suppressing education may be seen as a means of gaining control over the population — a theory expressed by Malala Yousafzai, from Pakistan, who, at the age of 15, was shot in the face on a school bus for advocating for education for girls. She has famously called on the United Nations to send “books and pens, rather than tanks,” to parts of the world struggling with extremist violence. Military intervention and legal enactments may have some impact on extremism, but they can also often escalate the problem, rather than diminishing it, and they can give rise to new human-rights abuses. Education appears to be a much more promising tool in many cases, and that is likely why it is under attack.

First Nations Education Funding: The Case of Sloan & Marvin

By Elysa Darling

On July 8, 2015

In Aboriginal, Human Rights

By: Elysa Hogg

PDF Version: First Nations Education Funding: The Case of Sloan & Marvin

Sloan and Marvin Miller are twin children with Down Syndrome and because of where they live, their government refuses to provide them with the special education support that they need to go to school.

This story does not take place in Apartheid South Africa, or the Jim Crow South – Sloan and Marvin live in Ontario.

It was estimated by the Mississaugas of New Credit First Nation, where Sloan and Marvin reside, that $80,000 a year would be needed for the Miller twins to receive the education that they need. Aboriginal Affairs and Northern Development Canada (AANDC) denied a request for funding, and instead recommended that the Nation take the needed amount from their already insufficient $165,000 a year education budget. In June of 2009 the Mississaugas lodged a formal human rights complaint with the Canadian Human Rights Commission on behalf of Sloan and Marvin. The claim will be heard at the Tribunal sometime this year, but there has already been great speculation about the arguments both sides will raise.

Alberta Court of Queen’s Bench Overturns Human Rights Tribunal’s Finding of Disability Discrimination in Employment

By Linda McKay-Panos

On June 2, 2015

In Human Rights, Labour/Employment

By: Linda McKay-Panos

PDF Version: Alberta Court of Queen’s Bench Overturns Human Rights Tribunal’s Finding of Disability Discrimination in Employment

Case Commented On: Syncrude Canada Ltd v Saunders, 2015 ABQB 237

Syncrude Canada Ltd v Saunders, 2015 ABQB 237, case highlights the role of the appeal court in reviewing Human Rights Tribunal decisions, and the effect of the claimant’s credibility on proving discrimination on the basis of disability or perceived disability.

Jeff Saunders was hired by Syncrude as a process operator, effective March 17, 2003, in its oil sands operation in Fort McMurray. Although process operators work in a dangerous environment, he had no prior experience. Saunders was required to undergo a health assessment for new hires, where he did not disclose any health issues. He denied ever smoking marijuana, denied consuming alcohol regularly and indicated he was a body builder who worked out regularly at the gym. He passed the company’s drug and alcohol tests. Usually, process operators commence employment with on-site training. After training, Saunders was assigned to a 128-day-cycle, with two days worked, two nights worked, two days off, two days worked, two nights worked and then six days off.

Keeping Faith Out of the Public Square: Is Calgary City Hall Offside?

By Kathleen Mahoney

On April 20, 2015

In Constitutional, Human Rights

By: Kathleen Mahoney

PDF Version: Keeping Faith Out of the Public Square: Is Calgary City Hall Offside?

Case Commented On: Mouvement laïque québécois v Saguenay (City), 2015 SCC 16

O God, author of all wisdom, knowledge and understanding. We ask Thy guidance in our consultations to the end that truth and justice may prevail, in all our judgments. Amen. (Prayer recited at Calgary City Council meetings)

What is wrong with this invocation? The Supreme Court of Canada would say nothing, as long as it is not invoked at City Hall to open meetings. In its recent decision in Mouvement laïque québécois v Saguenay (City), 2015 SCC 16 [Saguenay], the Court seems to have closed all the doors to future prospects of religious faith playing a role in the public square. Calgary’s mayor Naheed Nenshi disagrees, saying that there is room in the public square for faith, and that Calgary City Hall will explore ways of getting around the ruling. (Calgary Herald, April 15, 2015). Will this be possible? Constitutionally speaking, it will be very difficult.

Alberta Arbitration Decision Embraces Broadening Trend on Family Status Discrimination

By Linda McKay-Panos

On April 9, 2015

In Human Rights, Labour/Employment

By: Linda McKay-Panos

PDF Version: Alberta Arbitration Decision Embraces Broadening Trend on Family Status Discrimination

Case Commented On: SMS Equipment Inc v Communications, Energy and Paperworkers Union, 2015 ABQB 162

The definition of discrimination on the basis of family status has recently been extended in federal and provincial human rights law to mean not only one’s relationship to another person, but also to include recognition of childcare responsibilities. The leading case, Canada v Johnstone, 2014 FCA 111, was discussed in previous ABlawg posts (see here). The decision SMS Equipment Inc v Communications, Energy and Paperworkers Union, 2015 ABQB 162, demonstrates that Alberta labour arbitrators have joined the “family”.

SMS Equipment applied for judicial review of the arbitration award of Arbitrator Lyle Kanee. Arbitrator Kanee concluded that the employer, SMS, must accommodate Ms. Cahill-Saunders, a single mother of two children. She first worked as a labourer for SMS, and was required to work rotating seven night and seven day shifts, after moving from Newfoundland to Fort McMurray. Cahill-Saunders had one son when she was hired, and he remained in Newfoundland with his grandmother for the first nine months she worked in Fort McMurray, joining her later. At that time, the baby’s father lived in Fort McMurray and provided some childcare while Cahill-Saunders worked, although they did not cohabit (at para 5).