Category Archives: Youth and the Law

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

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. Continue reading →

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

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

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. Continue reading →

Balancing Freedom of Expression and the Privacy of Child Victims

By: Hasna Shireen

PDF Version: Balancing Freedom of Expression and the Privacy of Child Victims

Case Commented On: R v Canadian Broadcasting Corporation, 2016 ABQB 204 (CanLII)

The Court in R v Canadian Broadcasting Corporation allows the Canadian Broadcasting Corporation (CBC) to maintain pre-publication ban articles on the web, thus allowing access to the identity of a deceased child victim. 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. This case demonstrates that freedom of expression of the media can take priority over a victim’s privacy rights. The case also demonstrates the lack of policy and legal authority dealing with web-based material, the transmission of information, victim’s privacy, and publication bans. Continue reading →

A “Convicted Terrorist” By Any Other Name

By: Maureen Duffy

PDF Version: A “Convicted Terrorist” By Any Other Name

Cases Generally Considered: Pelham, Warden of the Bowden Institution, et al. v. Khadr, No. 36081 (Alberta) (Criminal) (SCC, By Leave); Bowden Institution v Khadr, 2015 ABCA 159; Khadr v Bowden Institution, 2015 ABQB 261; Canadian Broadcasting Corporation v Warden of Bowden Institution, 2015 FC 173; Khadr v Edmonton Institution, 2014 ABCA 225; Khadr v Edmonton Institution, 2013 ABQB 611

“What’s In a Name?”

Shakespeare famously wrote:

’Tis but thy name that is my enemy;

Thou art thyself though, not a Montague.

What’s Montague? it is nor hand, nor foot,

Nor arm, nor face, nor any other part

Belonging to a man. O! be some other name:

What’s in a name? that which we call a rose

By any other name would smell as sweet …

The idea, of course, is that names may be superficial labels, which do not, by themselves, define the character of the person to whom they are attached. Rather, they can be misleading, giving an impression of a person that is entirely different from reality.

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