Category: Human Rights Page 2 of 32

By: Howard Kislowicz and Jennifer Koshan

Case Commented On: Webber Academy Foundation v Alberta (Human Rights Commission), 2023 ABCA 194 (CanLII) (Webber Academy II)

PDF Version: Webber Academy II: Balancing Religious Discrimination and Freedom from Religion in the Provision of Educational Services

In the 2011-12 school year, Sarmad Amir and Naman Siddique (“the Students”) were denied prayer space at Webber Academy, where they had recently enrolled as grade 9/10 students. As observant Sunni Muslims, they prayed five times a day, which included school hours at some times of the year. Staff initially allowed the Students to pray in empty offices or classrooms; however, when the head of Webber Academy, Dr. Neil Webber, became aware of the situation, he informed the Students’ parents that prayers could only be performed off campus, or on campus without bowing or kneeling. The explanation was that Webber Academy did not provide physical accommodations for students of other religions to practice their faith, and that the Academy is a non-denominational school. The Students’ parents were also advised that because they had not followed the school’s policies, the Students would not be enrolled for the following year.

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By: Jennifer Koshan and Jonnette Watson Hamilton

Legislation Commented On: Alberta Human Rights Act, RSA 2000, c A-25.5

PDF Version: Grounding the Alberta Human Rights Act and the Proposal to Protect Vaccination Status

The Alberta Human Rights Act (AHRA) has been in the news lately as a result of Premier Danielle Smith’s announcement – consistent with her platform for leadership of the United Conservative Party and its promise of no more lockdowns – that she would seek an amendment to the AHRA to add vaccination status as a ground protected from discrimination (here, here and here). In her mandate letter to Minister of Justice Tyler Shandro, released on November 10, 2022, Smith included as her second priority – second only to a Sovereignty Act – the instruction to “take any necessary legislative or regulatory steps to prohibit discrimination on the basis of COVID-19 vaccination and/or booster status.”

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By: Jennifer Koshan, Lisa Silver and Jonnette Watson Hamilton

PDF Version: Critical Infrastructure Defence Act Charter Challenge Survives Alberta Government’s Motion to Strike

Case Commented On: Alberta Union of Public Employees v Her Majesty the Queen (Alberta), 2021 ABQB 371 (CanLII)

Last summer we posted a critical analysis of Alberta’s Bill 1, the Critical Infrastructure Defence Act, SA 2020, c C-32.7 (CIDA). We argued that CIDA, which prohibits unlawfully entering onto, damaging, or obstructing any “essential infrastructure” in the province, violates several sections of the Canadian Charter of Rights and Freedoms, including freedom of expression (s 2(b)), freedom of peaceful assembly (s 2(c)), freedom of association (s 2(d)), the right to liberty (s 7) and the right to equality (s 15). Shortly after CIDA took effect on June 7, 2020, the Alberta Union of Provincial Employees (AUPE) and three individual plaintiffs brought a constitutional challenge against the law, arguing that it violates those Charter rights and freedoms (with the exception of s 15, which was not raised), as well as sections 1(a), (c), and (d) of the Alberta Bill of Rights, RSA 2000, c A-14 (which protect similar rights as well as the right to enjoyment of property). The plaintiffs also contended that CIDA encroaches on federal jurisdiction under The Constitution Act, 1867, namely, s 91(27) (federal jurisdiction over criminal law) and s 92(10)(a) (federal jurisdiction over interprovincial works and undertakings). In a decision released in June, Justice Shaina Leonard of the Alberta Court of Queen’s Bench dismissed the government’s motion to strike the challenge.

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