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Category: Human Rights

Drug Testing: A Wake-up Call to the Courts

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On March 13, 2008

In Human Rights, Labour/Employment

Cases Considered: Alberta (Human Rights and Citizenship Commission) v. Kellogg Brown & Root (Canada) Company, 2007 ABCA 426

PDF Version: Drug Testing: A Wake-up Call to the Courts

Does it take the Hinton train disaster, the sinking of the Exxon Valdez and the sinking of the Queen of the North to send human rights commissions and the courts a wake-up call? In all of these tragedies, the crews responsible were under the influence of drugs and alcohol. Yet, until the Alberta Court of Appeal decision in Kellogg, Brown & Root, the courts had elevated casual drug users to a protected minority group under the guise of human rights legislation.

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Canada Safeway’s Charter Right to Freedom of Expression Not Violated by Privacy Legislation When it Reported Co-op Employee’s Unique Shopping Methods

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On February 20, 2008

In Constitutional, Human Rights

Cases Considered: Canada Safeway Limited v. Shineton, 2007 ABQB 773

PDF Version: Canada Safeway’s Charter Right to Freedom of Expression Not Violated by Privacy Legislation When it Reported Co-op Employee’s Unique Shopping Methods

In a judicial review of a decision of Alberta’s Privacy Commissioner, Canada Safeway put forward a very interesting (yet ultimately unsuccessful) argument as a defence to a complaint that it breached a person’s privacy; Safeway argued that s. 7 (1)(d) of the Personal Information Protection Act (“PIPA”), S.A. 2003, c. P-6.5 violated its right to freedom of expression under the Canadian Charter of Rights and Freedoms (“Charter”) s. 2(b).

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Court of Appeal Sends Court of Queen’s Bench Decision to Rehab

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On January 12, 2008

In Human Rights, Labour/Employment

Cases Considered: Alberta (Human Rights and Citizenship Commission) v. Kellogg Brown & Root (Canada) Company, 2007 ABCA 426, overruling Alberta (Human Rights and Citizenship Commission) v. Kellogg Brown & Root (Canada) Company, 2006 ABQB 302, which overruled John Chiasson v. Kellogg, Brown & Root (Canada) Company (Halliburton Group Canada Inc.) (February 14, 15, 16 and March 1, 2005; Colonel (Ret’d) Delano W. Tolley, Panel Chair)

PDF Version: Court of Appeal Sends Court of Queen’s Bench Decision to Rehab

In December 2007, the Court of Appeal of Alberta overturned a detailed Court of Queen’s Bench decision on pre-employment drug testing. The case originated in the Alberta Human Rights and Citizenship Commission (“AHRCC”). Mr. Chaisson, the complainant, was offered a position as a receiving inspector with Kellogg Brown & Root (“KBR”) ’s oil sands project, but was required to undergo a pre-employment medical and drug test, as a condition of his employment. Two weeks after commencing employment, the complainant’s results came back, indicating that he had tested positive for the presence of marijuana. Consequently, the complainant was terminated. The AHRCC’s Human Rights Panel dismissed Chaisson’s complaint on the basis that there was no evidence that the complainant suffered from a real or perceived disability, as he was only a recreational drug user, and thus was unable to substantiate a case of prima facie discrimination on the basis of physical disability. The Panel held that drug impairment of any kind would impact the complainant’s performance, and as such the pre-employment drug test was a reasonable requirement for the position for which the complainant was applying.

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Offensive Publication Case Highlights the Tension Between Human Rights and Civil Liberties

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On December 11, 2007

In Administrative Law, Constitutional, Human Rights

Case(s) Considered: Darren Lund v. Stephen Boissoin and the Concerned Christian Coalition Inc. (November 30, 2007, Alta. H.R.P.; Lori G. Andreachuk, Q.C., Panel Chair)

PDF Version: Offensive Publication Case Highlights the Tension Between Human Rights and Civil Liberties

In many circumstances, human rights and civil liberties principles are complementary. However, in some cases—such as those involving freedom of expression—they can conflict. In examining s. 3 of Alberta’s Human Rights, Citizenship and Multiculturalism Act (“HRCMA”), R.S.A. 2000, c. H-14, the tension between these two values is acute. A recent Alberta Human Rights Panel (“Panel”) decision illustrates how difficult it is to balance freedom of expression (supported byfreedom of religion) and freedom from discrimination in Alberta.

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Special Enough? Interim Costs and Access to Justice

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On December 11, 2007

In Access to Justice, Constitutional, Human Rights

Cases Considered: R. v. Caron, 2007 ABQB 632

PDF Version:  Special Enough? Interim Costs and Access to Justice

On December 4, 2003, Gilles Caron was charged under Alberta’s Use of Highway and Rules of the Road Regulation, Alta Reg. 304/2002, with making an unsafe left turn, a charge with a maximum fine of $100. Almost 4 years later his case is still before the courts, and has taken on a significance that belies the seemingly innocuous nature of his initial traffic ticket.

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