Human Rights – Page 27

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)

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

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.

The Charter, School Boards and Discrimination Claims

By Jennifer Koshan

On June 1, 2009

In Constitutional, Human Rights

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

PDF version: The Charter, School Boards and Discrimination Claims

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.

Amendments to Bill 44 Worsen a Bad Bill

By Linda McKay-Panos

On May 29, 2009

In Human Rights

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

PDF version: Amendments to Bill 44 Worsen a Bad Bill

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.

Costs Take Centre Stage in Human Rights Case

By Linda McKay-Panos

On May 21, 2009

In Human Rights

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

PDF version: Costs Take Centre Stage in Human Rights Case

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”).

Proposed Amendments to Human Rights, Citizenship and Multiculturalism Act Off the Mark

By Linda McKay-Panos

On May 6, 2009

In Human Rights

Legislation Considered: Bill 44, Human Rights, Citizenship and Multiculturalism Amendment Act

PDF version: Proposed Amendments to Human Rights, Citizenship and Multiculturalism Act Off the Mark

Over the past twenty years, Alberta’s human rights legislation has been examined and changes have been recommended on more than one occasion. In the early 1990s, Alberta initiated a review of the Individual’s Rights Protection Act (as it was then named) and accepted submissions from people across Alberta. The final report of the review, Equal in Dignity and Rights: A Review of Human Rights in Alberta by the Alberta Human Rights Review Panel (O’Neill Report) contained 75 recommendations for reform. Some of the recommendations were implemented in amendments to the legislation. For example, “family status” was added as a protected ground in 1996 and the protection from retaliation for making a complaint was broadened in 1996. But, many of the recommendations were never implemented.