Category: Human Rights Page 4 of 32

Matter Commented On: COVID-19 in Alberta and Canada

Introduction

Coronaviruses are a large family of viruses that affect humans and animals and, in some circumstances, can pass between species. Coronaviruses cause illnesses ranging from the common cold to SARS. A novel coronavirus, SARS-CoV-2, which causes COVID-19, was first identified in Wuhan, China in December 2019. There have been over 1,250,000 cases worldwide, over 68,000 of which have been fatal. Actual infection rates are likely much higher, given the limited number of tests conducted in many jurisdictions, the backlog in receiving test results, and the prevalence of false negative tests. As of April 5, there have been 1181 cases in Alberta, including 20 fatalities.

Boulachanis v Canada: Transgender Inmate Moved to Women’s Prison

By Amy Matychuk

On July 15, 2019

In Equality, Human Rights

By: Amy Matychuk

PDF Version: Boulachanis v Canada: Transgender Inmate Moved to Women’s Prison

Case Commented On: Boulachanis v Canada (Attorney General), 2019 FC 456 (CanLII)

In Boulachanis v Canada, Justice Sébastien Grammond of the Federal Court granted Jamie Boulachanis’ application for an interlocutory injunction ordering that she be transferred to a women’s prison. Ms. Boulachanis, who is a transgender woman, initially made a transfer request to Correctional Service Canada (CSC) and was denied. She applied for judicial review of the decision denying the transfer. While waiting for resolution of her judicial review application, she was moved to administrative segregation due to threats to her safety from other (male) inmates. Accordingly, she successfully applied for an interlocutory injunction and an order that she be moved to a women’s prison immediately.

Justice Grammond’s decision discusses Ms. Boulachanis’ history, the rights of transgender people in a correctional environment, and the tripartite test for an interlocutory injunction. He found, “the refusal to transfer Ms. Boulachanis to a women’s institution constitutes prima facie discrimination based on gender identity or expression” (at para 3). Justice Grammond’s decision is an important victory for the rights of transgender inmates, who face unique roadblocks and safety risks and who must contend with persistent myths and misinformation about their gender identities and expressions.

Alberta Human Rights Tribunal Decision Reinstates Reinstatement

By Linda McKay-Panos

On July 11, 2019

In Human Rights

By: Linda McKay-Panos

PDF Version: Alberta Human Rights Tribunal Decision Reinstates Reinstatement

Case Commented On: Pratt v University of Alberta, 2019 AHRC 24 (CanLII)

While it has always been legally possible for an employer to be ordered to reinstate an employee after there has been a finding of discrimination, recent tribunals and courts have been reluctant to award this remedy. However, the Pratt case may open the doors again to this possibility in some circumstances.

Carmen Pratt (Mittelstadt) made a human rights complaint in June 2013 alleging discrimination on the ground of mental disability in the area of employment under s 7(1) of the Alberta Human Rights Act, RSA 2000, c A-25.5 (AHRA) (at paras 1, 4). After completing her Bachelor of Arts degree at the University of Alberta (U of A), in December 2011, Pratt started working as a casual employee at the U of A’s Book and Record Depository. This became a permanent position on March 1, 2012. As an assistant, her job duties were split between the Special Collections Library (SCL) and the University Archives (at para 2), and she had one supervisor in each department. Three weeks later, on March 24, 2012 Pratt learned that her brother had committed suicide and she was thereafter involved with dealing with her brother’s estate and burial (at para 2).

At What Stage does the Duty of Self-Accommodation Arise in a Discrimination Analysis?

By Sahani Samarappuli

On June 27, 2019

In Human Rights

By: Sahani Samarappuli

PDF Version: At What Stage does the Duty of Self-Accommodation Arise in a Discrimination Analysis?

Case Commented On: United Nurses of Alberta v Alberta Health Services, 2019 ABQB 255 (CanLII)

As noted in previous posts (see here), the definition of discrimination on the basis of family status has been extended recently to include recognition of childcare responsibilities (see e.g. Canada (Attorney General) v Johnstone, 2014 FCA 110 (CanLII), SMS Equipment v Communications, Energy and Paperworkers Union, 2015 ABQB 162 (CanLII), both cases discussed below). However, the point at which employers’ duty to accommodate is triggered remains controversial. In particular, the question remains as to how a complainant’s duty of self-accommodation should be dealt with in the discrimination analysis.

A Stressful Legal System Creates Vexatious Self-Reps

By Drew Yewchuk

On February 21, 2019

In Access to Justice, Human Rights, Vexatious Litigants

By: Drew Yewchuk & Christine Laing

PDF Version: A Stressful Legal System Creates Vexatious Self-Reps

Case Commented On: Davis v Alberta (Human Rights Commission), 2019 ABQB 6 (CanLII)

Davis v Alberta (Human Rights Commission) is a judicial review of a decision by the Acting Chief of the Alberta Human Rights Commission (AHRC) to dismiss three complaints filed by Ms. Davis with the AHRC. There are no significant developments in human rights law in this decision, but it offers a good opportunity to consider the impact of administrative delays in dispute resolution mechanisms on individuals, especially self-represented ones. Davis also offers an example where the Alberta Court of Queen’s Bench was invited to find a self-represented litigant vexatious for the purposes of a costs decision.

Category: Human Rights Page 4 of 32

The Effects of COVID-19 on the Health System: Legal and Ethical Tensions Part I

Boulachanis v Canada: Transgender Inmate Moved to Women’s Prison

Alberta Human Rights Tribunal Decision Reinstates Reinstatement

At What Stage does the Duty of Self-Accommodation Arise in a Discrimination Analysis?

A Stressful Legal System Creates Vexatious Self-Reps