Category Archives: Human Rights

Age Discrimination in Employment: What will Make the Grade?

Cases Considered: Brawn v. Profile Seismic Ltd., (June 16, 2009, Diane Colley-Urquhart Panel Chair)

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Diane Colley-Urquhart, sitting as a Panel for the Human Rights and Citizenship Commission (“Commission”), recently dealt with a complaint involving age discrimination in employment. This case illustrates how it can be quite difficult to prove discrimination when you have conflicting witness testimony, and how human rights law does not address unpleasant workplace cultures, when it is not clear that the offensive behaviour is based on a ground covered under human rights legislation.

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To Employ or Not to Employ: Is That the Question?

Case considered: Lockerbie & Hole Industrial Inc. v. Alberta (Human Rights and Citizenship Commission), 2009 ABQB 241, overturning Donald Luka v. Lockerbie & Hole Industrial Inc. and Syncrude Canada, Alberta Human Rights and Citizenship Commission, February 15, 2008 (Beth Bryant)

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An appeal of a Human Rights Panel (“Panel”) decision brings to the fore an issue that has arisen in many human rights cases. When there is a complaint of discrimination in the area of employment under s. 7 of the Human Rights, Citizenship and Multiculturalism Act, R.S.A 200, c. H-14 (“HRCMA“), who will be considered an “employer”? This is especially pertinent in the current marketplace in Alberta where workers are often contractors or sub-contractors.

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The Charter, School Boards and Discrimination Claims

Case considered: Hamilton v. Rocky View School Division No. 41, 2009 ABQB 225

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In a recent post I examined whether the Canadian Charter of Rights and Freedoms would apply to the University of Calgary in the context of its handling of an anti-abortion protest that took place on University campus (see Freedom of Expression, Universities and Anti-Choice Protests). A recent decision of the Alberta Court of Queen’s Bench looks at a similar issue, namely the application of the Charter to a local school board, but this time in the context of an employment discrimination issue. In Hamilton v. Rocky View School Division No. 41, Justice Bryan Mahoney found that the Charter did not apply to the school board’s alleged actions, and that the plaintiff was restricted to pursuing his claim under human rights legislation.

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Amendments to Bill 44 Worsen a Bad Bill

Legislation considered: Bill 44, Human Rights Citizenship and Multiculturalism Amendment Act; Amendment A1A; Amendment A1B

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In a previous post, I discussed a number of concerns about the proposed amendments to Alberta’s Human Rights Citizenship and Multiculturalism Act, R.S.A. 2000 c. H-14 (“Act”). One of the proposed amendments in Bill 44, referred to as the parental opt-out provision, has been the subject of much criticism. See Janet Keeping and Sheila Pratt, for example.

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Costs Take Centre Stage in Human Rights Case

Case considered: Alberta (Human Rights and Citizenship Commission Panel) v. Tequila Bar & Grill Ltd., 2009 ABQB 226

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The issue of costs does not normally merit discussion in a blog. However, in the Tequila Bar & Grill case, the Respondent raises some interesting arguments about costs that speak to the multiple functions of the Human Rights and Citizenship Commission (“Commission”).

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