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Category: Youth and the Law Page 2 of 4

Missing Ceilings for Trial Within a Reasonable Time in the Youth Justice Context

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On October 12, 2018

In Youth and the Law

By: Drew Yewchuk

PDF Version: Missing Ceilings for Trial Within a Reasonable Time in the Youth Justice Context

Case Commented On: R v KJM, 2018 ABCA 278

R v KJM is yet another case addressing the changes to the Charter section 11 right to trial within a reasonable time set out in R v Jordan, 2016 SCC 27. The question in KJM is how the Jordan framework applies in the youth justice context. The Court of Appeal was split three ways. Justices Wakeling and O’Ferrall concurred that KJM’s right to trial within a reasonable time was not violated, and that charges should not be stayed, but their reasons for why are fairly different. Justice Veldhuis found that the delay did violate KJM’s Charter right to trial within a reasonable time and would have stayed the charges.

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So Help Me God: ALRI Recommends Changes to Make the Alberta Evidence Act More Inclusive

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On February 8, 2018

In Evidence, Youth and the Law

By: Laura Buckingham

PDF Version: So Help Me God: ALRI Recommends Changes to Make the Alberta Evidence Act More Inclusive

Report Commented On: Alberta Law Reform Institute, Competence and Communication in the Alberta Evidence Act, Final Report 111

It might not be surprising that the first version of the Alberta Evidence Act, adopted in 1910, required judges to investigate the religious beliefs of certain witnesses. What is surprising is that more than a century later, these requirements are still in force in Alberta. Under Alberta law, children, adults with cognitive impairment, and anyone who wishes to make an affirmation instead of swearing an oath may be questioned about their religious beliefs before they are allowed to give evidence.

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Alberta Agrees to Amend Human Rights Legislation to Expand Prohibitions Against Age Discrimination

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On February 7, 2017

In Constitutional, Human Rights, Youth and the Law

By: Jennifer Koshan

PDF Version: Alberta Agrees to Amend Human Rights Legislation to Expand Prohibitions Against Age Discrimination

Case Commented On: Ruth Maria Adria v Attorney General of Alberta, Court File No 1603 05013, Consent Order filed 13 January 2017

Human rights legislation exists in every province and territory in Canada, and at the federal level, but protection against discrimination varies amongst jurisdictions with respect to what grounds and areas are protected. Until recently, the Alberta Human Rights Act, RSA 2000, c A-25.5, only protected against age discrimination in the areas of publications and notices (section 3), employment practices and advertisements (sections 7 and 8), and membership in a trade union, employers’ organization or occupational association (section 9). Age was not a protected ground in relation to the provision of goods, services, accommodation or facilities customarily available to the public (section 4), or in relation to tenancies (section 5).

In January 2017, the Alberta government agreed to expand the Alberta Human Rights Act to include age as a protected ground under sections 4 and 5. This development was prompted by an application brought in March 2016 by Ruth Maria Adria under section 15 of the Charter, the constitutional equality rights guarantee, to have the omission of age declared unconstitutional and to have age read in to these sections.

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Freedom of Expression Versus Privacy Rights: Stay of Enforcement of an Interim Mandatory Injunction in the Context of Publication Bans

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On December 14, 2016

In Privacy, Youth and the Law

By: Hasna Shireen

PDF Version: Freedom of Expression Versus Privacy Rights: Stay of Enforcement of an Interim Mandatory Injunction in the Context of Publication Bans

Case Commented On: R v Canadian Broadcasting Corporation, 2016 ABCA 372 (CanLII)

In two previous ABlawg posts (see here and here), I commented on the decisions in R v Canadian Broadcasting Corporation, 2016 ABQB 204, overturned 2016 ABCA 326 (CanLII), in which Alberta courts dealt with the issue of whether the Canadian Broadcasting Corporation (CBC) should be able to retain identifying information about a youthful homicide victim on its website. A majority of the Court of Appeal granted the Crown’s application for a mandatory injunction banning the continued publication of this material. In a follow-up decision, Mr. Justice Berger granted a Stay of Enforcement of the majority judgment pending an application for leave to appeal to the Supreme Court of Canada (see R v Canadian Broadcasting Corporation, 2016 ABCA 372 (CanLII) at para 14).

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Publication Bans and Interim Mandatory Injunctions in the Context of Freedom of Expression and the Privacy of Youthful Victims

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On November 24, 2016

In Privacy, Youth and the Law

By: Hasna Shireen

PDF Version: Publication Bans and Interim Mandatory Injunctions in the Context of Freedom of Expression and the Privacy of Youthful Victims

Case Commented On: R v Canadian Broadcasting Corporation, 2016 ABCA 326 (CanLII)

The Court of Queen’s Bench of Alberta in R v Canadian Broadcasting Corporation, 2016 ABQB 204 (CanLII) (CBC QB) denied an interim mandatory injunction and allowed the Canadian Broadcasting Corporation (CBC) to retain past posts with identifying information of a youthful victim on the CBC website. The Crown appealed the denial of the interim mandatory injunction. The Majority at the Court of Appeal held that the Chambers Judge applied the wrong legal test, that the injunction is a civil matter attached to a criminal charge, and that the Chambers Judge had considered a number of irrelevant factors. Thus, the Court of Appeal overturned the prior decision and granted an interim mandatory injunction. In my previous blog post, I criticized the Court of Queen’s Bench decision because that decision gave priority to freedom of expression of the media over a young victim’s privacy rights. One of the major purposes of a publication ban is to protect a child victim’s privacy and thereby ensure future victims will come forward with the assurance of anonymity. In R v Canadian Broadcasting Corporation, 2016 ABCA 326 (CanLII) the Court granted the interim mandatory injunction and maintained the integrity of the administration of justice by protecting the identity of the youthful victim in public interest.

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