Category Archives: Human Rights

Mandatory Retirement and Wrongful Dismissal: An Age Old Question of Compensation for Discrimination

Cases Considered: Magnan v. Brandt Tractor Ltd., 2008 ABCA 345

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It has long been a legal principle in Canada that there is no recognized tort of discrimination; people should be pursuing remedies for discrimination from human rights tribunals: Board of Governors of Seneca College of Applied Arts and Technology v. Bhadauria, [1981] 2 S.C.R. 181. This basic principle is supported by another principle: there is no recognized cause of action for breach of a statute, especially in negligence: Canada v. Saskatchewan Wheat Pool, [1983] 1 S.C.R. 205. These principles were considered earlier this year in Honda Canada Inc. v. Keays, 2008 SCC 39, where the Supreme Court held that breach of a human rights code does not amount to an independent actionable wrong. However, a recent decision of the Alberta Court of Appeal confirms that these legal principles can be blurred when it comes to remedying wrongful dismissal that contains an element of discrimination.

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The Limits of Limitations for Human Rights Complaints

Cases Considered: Ji v. Alberta (Human Rights and Citizenship Commission), 2008 ABQB 571

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A recent Alberta Court of Queen’s Bench case brings to the fore the issue of strict limitation provisions in human rights cases. The limitation issue applies both to making a complaint and to the strict procedural time rules imposed during the complaint process. These rules seem overly harsh in view of the fact that most complainants are not represented by lawyers and the requirements can be quite confusing and complex.

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La Belle Province? Developments in Alberta Language Rights Cases

Cases Considered: R. v. Caron, 2008 ABPC 232

Caron v. Alberta (Human Rights and Citizenship Commission), 2008 ABCA 272.

PDF Version: La Belle Province? Developments in Alberta Language Rights Cases

On August 18, 2008 the Alberta Provincial Court posted its long awaited decision in the case of Gilles Caron. Caron was charged under an Alberta regulation with making an unsafe left turn, and sought to defend on the basis of a violation of his language rights, arguing that Alberta legislation is invalid because it is not enacted in both English and French. His case was initially fought on the issue of whether he was entitled to an interim costs award to permit him to pursue his constitutional challenge in the absence of funding from the Court Challenges program (see my earlier posts on this issue: Special Enough? Interim Costs and Access to Justice and Stay Of Interim Funding Denied In Language Rights Case). In a 96 page decision written in French, Judge L.J. Wenden of the Alberta Provincial Court found in favour of Caron’s language rights claim and accordingly dismissed his traffic offence (2008 ABPC 232).

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Court of Appeal Rules in Walsh Case: End of a Seventeen Year Journey?

Cases Considered: Walsh v. Mobil Oil Canada, 2008 ABCA 268

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People often cite the length of time it takes to resolve human rights complaints as a deterrent to making such complaints. Delorie Walsh’s case may be cited as an extreme example. And, if the respondents appeal the current decision to the Supreme Court of Canada, the case might not be over yet.

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Racial Profiling–Identification or Discrimination?

Cases Considered: Coward v. Alberta (Human Rights and Citizenship Commission, Chief Commissioner) 2008 ABQB 455

PDF Version: Racial Profiling–Identification or Discrimination?

This case was an application for judicial review of a decision of the Chief Commissioner of the Alberta Human Rights and Citizenship Commission (“Commission”). It addresses some very interesting issues, including the jurisdiction of the Commission to deal with the Canadian Charter of Rights and Freedoms (“Charter“) issues, and which police behaviour will amount to racial discrimination.

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