Category: Human Rights Page 15 of 32

By: Jennifer Koshan

PDF Version: Seasonal Workers and Discriminatory Benefits: The NWTCA Provides Some Clarity

Case commented on: NWT (WCB) v Mercer, 2014 NWTCA 01 (Can LII)

This decision from the Northwest Territories Court of Appeal was passed on to me by an ABlawg reader in response to one of my recent posts on the ongoing uncertainty regarding the test for discrimination under human rights legislation. The decision is important in several ways. First, it finds that the standard of review for a decision on discrimination is reasonableness. Second, it affirms the application of the prima facie test for discrimination, most recently discussed by the Supreme Court of Canada in Moore v British Columbia (Education), 2012 SCC 61 (CanLII), [2012] 3 SCR 360. Third, and relatedly, it indicates that the government’s objectives for a particular statute should be considered at the justification stage of analysis rather than under the prima facie discrimination stage. Fourth, it finds that seasonal workers can be seen as a group protected by human rights legislation under the ground of social condition (which includes source of income). I will elaborate upon all of these findings in this comment.

Hate Speech and Human Rights in Alberta

By Jennifer Koshan

On March 26, 2014

In Human Rights

By: Jennifer Koshan

PDF Version: Hate Speech and Human Rights in Alberta

Motion commented on: Motion 502 (Alberta Legislative Assembly, March 17, 2014)

It was a tumultuous time in the Alberta Legislature last week, culminating with the resignation of Alison Redford as Premier (for an excellent recap see Susan on The Soapbox). And of course there were significant events at the national level as well, with the resignation of Jim Flaherty as finance minister and the Supreme Court of Canada’s decision that Marc Nadon was ineligible for appointment to its ranks. Readers therefore may be forgiven if they missed last week’s debate in the Alberta Legislature on the repeal of section 3(1)(b) of the Alberta Human Rights Act, RSA 2000, c A-25.5 (AHRA).

Professional Bodies, Internationally Educated Graduates and the Alberta Human Rights Act

By Jason Wai

On March 17, 2014

In Human Rights

By: Jason Wai and Linda McKay-Panos

PDF Version: Professional Bodies, Internationally Educated Graduates and the Alberta Human Rights Act

Case commented on: Mihaly v The Association of Professional Engineers, Geologists and Geophysicists of Alberta, 2014 AHRC 1

A recent Human Rights Tribunal decision about the actions of the Association of Professional Engineers, Geologists and Geophysicists of Alberta (APEGGA, now called the Association of Professional Engineers and Geoscientists of Alberta or APEGA) has sparked a fair bit of critical commentary (see here and here). Mr. Mihaly filed a complaint with the Alberta Human Rights Commission on August 5, 2008, alleging that he was discriminated against when he was denied registration as a Professional Engineer (PEng). He argued that the requirements imposed upon him by APEGGA for registration are contrary to the Alberta Human Rights Act, RSA 2000, c A-25.5 (AHRA).

Law Society of Alberta Responds on TWU Law School Issue

By Jennifer Koshan

On March 3, 2014

In Ethics and the Legal Profession, Human Rights, Legal Education

By: Jennifer Koshan

PDF Version: Law Society of Alberta Responds on TWU Law School Issue

Back in February we posted a letter sent by signatories from the University of Calgary and University of Alberta law schools to the Law Society of Alberta concerning the process for approval of Trinity Western University (TWU)’s proposed new law school and the admission of TWU graduates as students at law in Alberta. We asked the Law Society to reconsider its delegation of decision making power to the Federation of Law Societies, or in the alternative, to work together with other Canadian law societies to consider amending the approval criteria to address the issues raised by TWU Law School and its Community Covenant. We received a response from Law Society of Alberta President Kevin Feth QC late last week. The letter:

More Uncertainty on the Test for Discrimination under Human Rights Legislation

By Jennifer Koshan

On February 24, 2014

In Constitutional, Human Rights, Labour/Employment

By: Jennifer Koshan

PDF Version: More Uncertainty on the Test for Discrimination under Human Rights Legislation

Case commented on: Bish v Elk Valley Coal Corporation, 2013 ABQB 756

I have written previous posts on ABlawg critiquing the influence of section 15 of the Charter in creating an overly onerous approach to the test for discrimination under human rights legislation in Alberta (see here and here). In late December, another human rights decision showing this influence was released in Bish v Elk Valley Coal Corporation. Unfortunately, Justice Peter Michalyshyn of the Alberta Court of Queen’s Bench gave short shrift to recent developments out of the Supreme Court of Canada on the appropriate test for discrimination. He also declined to follow the Supreme Court’s recent pronouncements on the appropriate standard of review in this context. The Bish case is now under appeal, and one has to hope that the Alberta Court of Appeal will provide some consistency with recent Supreme Court decisions in its appeal decision.