Category: Human Rights Page 25 of 32

What’s in a name? Construction Owners Association of Alberta and Construction Labour Relations – An Alberta Association Concerned about “Employer” in the Alberta Human Rights Act

On June 29, 2010

PDF version: What’s in a name? Construction Owners Association of Alberta and Construction Labour Relations – An Alberta Association Concerned about “Employer” in the Alberta Human Rights Act

Case considered: Lockerbie & Hole Industrial Inc. v. Alberta (Human Rights and Citizenship Commission), 2010 ABCA 184

It is fairly rare that two agencies not parties to an action would seek leave to intervene in a human rights appeal. I am not terribly surprised that the Alberta Human Rights Commission (formerly the Alberta Human Rights and Citizenship Commission) has appealed the 2009 Court of Queen’s Bench decision in Lockerbie & Hole Industrial Inc. v. Alberta (Human Rights and Citizenship Commission), 2009 ABQB 241. As I noted in my previous post on this case, the decision of Justice T.D. Clackson involving the interpretation of who is considered an “employer” under s. 7(1) of the Alberta Human Rights, Citizenship and Multiculturalism Act, R.S.A. 2000, c. H-14 (now Alberta Human Rights Act, R.S.A. 2000, c. A-25.5) appeared to be contrary to both existing case law and the spirit of “large and liberal” interpretation normally given to human rights legislation. Apparently, there are Albertan companies and associations who share an interest in the outcome of the appeal.

Legal costs can be an issue in human rights cases

By Linda McKay-Panos

On May 3, 2010

In Costs, Human Rights

Case considered: Canadian Human Rights Commission v. Attorney General of Canada, et al., 2009 FCA 309, leave to appeal to Supreme Court of Canada granted, SCC Bulletin April 23, 2010, #33507, 2010 CanLII 20527

PDF version: Legal costs can be an issue in human rights cases

In the past few years, the issue of whether and how much legal costs should be awarded in human rights cases has arisen several times in Alberta (see my post on Boissoin v. Lund, for example). The costs issue has also arisen in a federal human rights case and will soon be addressed by the Supreme Court of Canada.

Cost Decision in the Human Rights Case of Lund v. Boissoin

By Linda McKay-Panos

On April 6, 2010

In Costs, Human Rights

Case considered: Boissoin v. Lund, 2010 ABQB 123

PDF version: Cost Decision in the Human Rights Case of Lund v. Boissoin

There are several ABlawg posts written about the human rights case involving Dr. Darren Lund’s complaint to the Alberta Human Rights Commission (see here). The case concerned the publication in the Red Deer Advocate of a letter to the editor written by Stephen Boissoin, which Dr. Lund alleged violated s.3 of Alberta’s Human Rights, Citizenship and Multiculturalism Act, R.S.A. 2000, c. H-14 (“HRCMA“, recently re-enacted as the Alberta Human Rights Act, R.S.A. 2000, c. A-25.5 (“AHRA“)). Justice Earl Wilson recently issued a Memorandum of Decision on the issue of costs.

Court of Queen’s Bench Overturns Panel Decision in Boissoin v. Lund

By Linda McKay-Panos

On December 9, 2009

In Constitutional, Human Rights

Case considered: Boissoin v. Lund, 2009 ABQB 592

PDF version: Court of Queen’s Bench Overturns Panel Decision in Boissoin v. Lund

Justice Earl Wilson of the Alberta Court of Queen’s Bench recently overturned the Human Rights Panel decision, which found that Mr. Stephen Boissoin and the Concerned Christian Coalition Inc. had, in a letter to the editor of a newspaper published June 17, 2002, expressed comments likely to expose gay persons to hatred and/or contempt due to their sexual orientation. See my earlier ABlawg posts on the Panel decision and the remedy decision.

Court upholds Alberta’s Hate Speech Law

By Jennifer Koshan

On December 7, 2009

In Constitutional, Human Rights

Case considered: Boissoin v. Lund, 2009 ABQB 592

PDF version: Court upholds Alberta’s Hate Speech Law

Back in September, I predicted the failure of a constitutional challenge to Alberta’s hate speech law, section 3 of the Human Rights, Citizenship and Multiculturalism Act, R.S.A. 2000, c. H-14 (HRCMA) (recently re-enacted as the Alberta Human Rights Act, R.S.A. 2000, c. A-25.5). The law was challenged by Stephen Boissoin on both division of powers and Charter grounds as part of his effort to overturn an earlier decision of the Alberta Human Rights Panel which found that Boissoin had engaged in hate speech for his letter to the editor “Homosexual Agenda Wicked”, published in the Red Deer Advocate. On December 3, 2009 Justice Earl Wilson of the Court of Queen’s Bench upheld the constitutionality of section 3. However, he also found that Boissoin’s publication did not amount to hate speech under that section. I will deal with the constitutional issues in this post; Linda McKay Panos will be posting on the interpretive issues.