Category: Human Rights Page 21 of 32

Alberta Human Rights Tribunal Distinguishes Lockerbie and Moves Away From Constrictive Definition of Employment

On April 1, 2012

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.

Alberta Court of Appeal Declines to Appoint Counsel in Extradition of Jorge Sosa

By Linda McKay-Panos

On March 21, 2012

In Criminal, Human Rights, International Law

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).

The Equality Effect: Recognizing 160 Girls on International Women’s Day

By Jennifer Koshan

On March 8, 2012

In Constitutional, Human Rights, State Responses to Violence

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).

I Fought the Law: Civil Disobedience and the Law in Canada

By Jennifer Koshan

On February 27, 2012

In Constitutional, Human Rights, Municipal Law

PDF version: I Fought the Law: Civil Disobedience and the Law in Canada

Cases commented on: Calgary (City) v Bullock (Occupy Calgary), 2011 ABQB 764;
Batty v City of Toronto, 2011 ONSC 6862; R v SA, 2011 ABPC 269; R v Charlebois, 2011 ABPC 238, etc.

On February 1, 2012, I participated in a public forum entitled “Civil Disobedience: Concept, Law and Practice” organized by the Sheldon Chumir Foundation for Ethics in Leadership. This post is an elaboration of my remarks at the forum on how civil disobedience is handled under Canadian law. I will review some recent cases on civil disobedience, including the Occupy litigation, to examine issues such as whether civil disobedience may be protected under the Charter, and if not, what sorts of sanctions protestors might expect to face.

Jurisdiction can be a Significant Consideration in Human Rights Cases

By Linda McKay-Panos

On January 31, 2012

In Human Rights

By: Linda Mckay-Panos

PDF version: Jurisdiction can be a Significant Consideration in Human Rights Cases

Case considered: British Columbia (Workers Compensation Board) v Figliola (“Figliola“), 2011 SCC 52 (CanLII)

A recent SCC case again demonstrates the importance of jurisdiction in human rights cases. In Alberta, and in other provinces, a number of tribunals may have human rights jurisdiction. Thus, in some situations, complainants have potential access to more than one tribunal to resolve their issues. This can, however, lead to challenges regarding accountability, consistency, and efficiency. On the one hand, complainants want a fair, yet reviewable resolution of their human rights issue-on the other hand, respondents would like a final resolution of the complaint and to know the matter is not subject to re-litigation by a second tribunal (See: The Court, Marina Chernenko, “Neighbouring Tribunals and ‘Lateral Adjudicative Poaching’: Forum Shopping for Human Rights in British Columbia v. Figliola“)