Category: Human Rights Page 24 of 33

The Saskatchewan Court of Appeal’s Marriage Commissioners Decision – The Never-Ending Fight for Human Rights of Same-Sex Couples

On February 23, 2011

In Constitutional, Human Rights, Supreme Court of Canada

By: Melissa Luhtanen

PDF Version: The Saskatchewan Court of Appeal’s Marriage Commissioners Decision – The Never-Ending Fight for Human Rights of Same-Sex Couples

Case and Legislation Commented On: In the Matter of Marriage Commissioners Appointed under the Marriage Act, SS 1995, c M-4.1, 2011 SKCA 3; Marriage Act, RSA 2000, c M-5

The Saskatchewan Court of Appeal considered two proposed amendments to the Marriage Act, S.S. 1995, c. M-4.1. The Act legislates on the solemnization of marriage in Saskatchewan. It provides for specific religious officials and marriage commissioners to solemnize marriages. The Lieutenant Governor in Council in Saskatchewan sought the Court’s opinion on potentially amending the Marriage Act after complaints from marriage commissioners who said that solemnizing same-sex marriages breached their rights under s.2(a) of the Charter.

Alberta Court of Appeal Decides Syncrude not an Employer under Human Rights Legislation

By Linda McKay-Panos

On January 24, 2011

In Human Rights, Labour/Employment

PDF version: Alberta Court of Appeal Decides Syncrude not an Employer under Human Rights Legislation

Case commented on: Lockerbie & Hole Industrial Inc v Alberta (Human Rights and Citizenship Commission, Director), 2011 ABCA 3

It is perhaps ironic that in a decision where the Human Rights Panel found that there had been no discrimination, one of the respondents used the occasion to appeal the finding that it was an employer under the (then) Alberta Human Rights, Citizenship and Multiculturalism Act (currently Alberta Human Rights Act, RSA 2000, c A-25-5), and therefore subject to the Act. Since the structure of the “employment” relationship at issue in this case is commonly practiced in Alberta, the Court of Appeal ruling on whether Syncrude was an employer could have a significant impact on Alberta human rights law.

Accommodation for Family Status Required by Federal Human Rights Tribunal for Three Alberta Women

By Linda McKay-Panos

On December 22, 2010

In Human Rights

PDF version: Accommodation for Family Status Required by Federal Human Rights Tribunal for Three Alberta Women

Cases considered: Cindy Richards v Canadian National Railway, 2010 CHRT 24; Kasha Whyte v Canadian National Railway, 2010 CHRT 22; Denise Seeley v Canadian National Railway, 2010 CHRT 23

Family status was added in 1996 as a protected ground under Alberta’s human rights legislation (currently the Alberta Human Rights Act, RSA 2000, c A-25.5, (AHRA)). Under the AHRA, family status is defined as: “the status of being related to another person by blood, marriage or adoption” (section 44(1)(f)). Family status is also a protected ground in several other jurisdictions, including federally. Three recent and related decisions of the Canadian Human Rights Tribunal indicate that under the ground of family status, employers will be required to accommodate parental responsibilities.

Pilot from Airdrie is Successful in Mandatory Retirement Case

By Linda McKay-Panos

On November 19, 2010

In Human Rights, Labour/Employment

PDF version: Pilot from Airdrie is Successful in Mandatory Retirement Case

Case considered: Vilven v Air Canada and Air Canada Pilots Association; Kelly v Air Canada and Air Canada Pilots Association, 2009 CHRT 24; Remedy: 2010 CHRT 27

Recently, an Air Canada pilot from Airdrie, George Vilven, together with pilot Neil Kelly, succeeded in challenging Air Canada’s mandatory retirement policy. Mandatory retirement in human rights law has seen some interesting developments over the years. There are currently no laws in Canada that force a person to retire. In addition, the federal and most provincial governments prohibit age discrimination in their human rights legislation. Nevertheless, mandatory retirement does exist in Canada, and whether you are forced to retire and when, depends on where you live.

Justice Received After Nineteen Years. Delay in Walsh Case: What’s to blame?

By Linda McKay-Panos

On September 17, 2010

In Human Rights

PDF version: Justice Received After Nineteen Years. Delay in Walsh Case: What’s to blame?

Case considered: Delorie Walsh v Mobil Oil Canada – Decision on Remedy, September 2, 2010

In a previous blog about the Walsh case, I commented on the delay in this case and how it is an extreme example of why this issue deters some people from making a human rights complaint. Now that Ms. Walsh has received the remedy award in her case-which is in itself interesting to analyze-it is also interesting to analyze what the causes of the delay in justice were.