Document considered: Wildrose Platform on Justice, Policing and Human Rights
PDF Version: Kangaroo-ism
My colleague, Jennifer Koshan, has written a serious ABlawg post on “The Alberta Election and Human Rights,” pointing out numerous problems with the Wildrose platform on Justice, Policing and Human Rights. The purpose of this post is much narrower and less serious, and that is to follow up on the “kangaroo courts” insult in the Wildrose policy statement.
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Document considered: Wildrose Platform on Justice, Policing and Human Rights
PDF Version: The Alberta Election and Human Rights
Several human rights issues have been raised in the Alberta election campaign to date. Perhaps most significantly, the Wildrose party’s platform on Justice, Policing and Human Rights proposes major changes to the Alberta Human Rights Act, RSA 2000, c A-25.5 (AHRA), changes that are both substantive and procedural in nature. I will set out those proposed changes in this post, and raise some related concerns.
PDF version: Alberta Human Rights Tribunal Distinguishes Lockerbie and Moves Away From Constrictive Definition of Employment
Decision considered: Pelley and Albers v Northern Gateway Regional School Division, 2012 AHRC 2 (Pelly and Albers)
Once again the issue of who can be considered an employer under the Alberta Human Rights Act, RSA 2000 c A-25.5 (“AHRA”) has arisen. In a previous blog, (see here), I discussed the potentially negative implications of the Lockerbie & Hole Industrial Inc. v Alberta (Human Rights and Citizenship Commission, Director), 2011 ABCA 3 decision (“Lockerbie“).
Doreen Pelley and Marlene Albers each filed complaints with the Alberta Human Rights Commission (AHRC) alleging age discrimination under AHRA section 7 (1)(a) and (b) against both Northern Gateway Regional School Division (“School Division”) and either First Student Canada or 1098754 Alberta Ltd. At issue was the School Division’s policy that persons 65 years of age or older shall not be permitted to drive students.
Decision considered: United States of America v Sosa, 2012 ABCA 56
Emma McAuliffe wrote a blog expressing reasons why Jorge Sosa should face war crimes charges in Canada before being extradited to the United States (see: Why Canada should Address Jorge Vinicio Orantes Sosa’s Alleged War Crimes before Extraditing Him to the U.S. ) Nevertheless, Chief Justice Wittmann granted an extradition order on September 2, 2011. Sosa filed a Notice of Appeal on October 19, 2011, and a second Notice of Appeal on January 24, 2012. Since the appeal period allowed for under the Extradition Act, SC 1999, C 18 (s 50) would have expired on October 2, 2011, Sosa asked for an extension of time to proceed with the appeal. Alberta caselaw indicates that Sosa must demonstrate that he has a reasonable chance of success on the appeal before the extension will be granted (see: R v Truong, 2007 ABCA 127).
March 8 is International Women’s Day, and Calgary law firm Burnet, Duckworth & Palmer marked the occasion with a luncheon highlighting the work of the Equality Effect. The Equality Effect – or E2 – is an international network of human rights advocates (including community members, artists, musicians, film makers, health care workers, journalists, lawyers, academics, students, judges and Parliamentarians), primarily from Canada, Ghana, Kenya and Malawi, who are working to improve the lives of women and girls using human rights law. Fiona Sampson, E2’s Executive Director, spoke at the luncheon about the 160 Girls Project, a legal initiative aimed at forcing Kenyan authorities to protect girls in Kenya from sexual violence. I am part of the vast volunteer legal team that is working on this project, which includes students from across the country, as well as lawyers and activists from the Equality Effect’s partner countries. Also attending the luncheon were U of C law students Gabrielle Motuz, Amanda Winters, and Meghan Tonner, all of whom have done volunteer research for the Equality Effect (along with many more student volunteers from U of C who could not attend or who have graduated).
