Human Rights – Page 27

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.

How does a complainant prove that he/she has experienced racial discrimination?

By Linda McKay-Panos

On April 27, 2009

In Human Rights

Case Considered: Workeneh v. 922591 Alberta Ltd., 2009 ABQB 191

PDF version: How does a complainant prove that he/she has experienced racial discrimination?

The Workeneh case draws attention to the challenges of proving that a complainant has been discriminated against contrary to the Human Rights, Citizenship and Multiculturalism Act, R.S.A. 2000, c. H-14 (“HRCMA“). It can be particularly difficult to prove that racial discrimination has occurred, particularly when there are other reasons given for the treatment such as poor job performance.