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Age Discrimination and Ameliorative Program Protections to be Broadened Under Alberta Human Rights Act

On November 8, 2017

By: Jennifer Koshan

PDF Version: Age Discrimination and Ameliorative Program Protections to be Broadened Under Alberta Human Rights Act

Legislation Commented On: Bill 23, An Act to Amend the Alberta Human Rights Act

On November 1, 2017, Bill 23, An Act to Amend the Alberta Human Rights Act, had first reading in the Alberta Legislature. As I noted in a post in February 2017, Bill 23 was spurred by a Charter challenge commenced by elder advocate Ruth Adria. She argued that the exclusion of protections against age discrimination in respect of services available to the public and tenancies in sections 4 and 5 of the Alberta Human Rights Act, RSA 2000, c A-25.5 (AHRA), violated her constitutional equality rights. The Alberta government did not fight the challenge, and consented to an order requiring age discrimination to be added to the AHRA by January 2018. The government then undertook consultations on the apparently thorny issue of how the amendments would affect adult-only condominiums, cooperatives, and apartments. Bill 23 attempts a compromise, and if passed, it will allow some exceptions to the new prohibitions against age discrimination in this context. But there are apparent gaps and uncertainties in the Bill that the government may wish to address, as I will elaborate upon here. Bill 23 will also add to the AHRA a new provision, section 10.1, protecting ameliorative policies and programs, which also merits some commentary.

Ktunaxa Nation: On the “Spiritual Focal Point of Worship” Test

By Howard Kislowicz

On November 7, 2017

In Aboriginal, Constitutional

By: Howard Kislowicz and Senwung Luk

PDF Version: Ktunaxa Nation: On the “Spiritual Focal Point of Worship” Test

Case Commented On: Ktunaxa Nation v British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54 (CanLII)

On 2 November 2017, the Supreme Court of Canada rendered its long awaited decision in Ktunaxa Nation. As noted by David Laidlaw in the initial post concerning Ktunaxa Nation, the decision raised significant issues surrounding the scope of religious freedom and its particular application to Indigenous groups, the Crown’s duty to consult and accommodate Indigenous groups, and administrative law more generally. In this blog post, we focus on the first issue: what this case says and means for religious freedom claims.

Silencing the Qat’muk Grizzly Bear Spirit

By David Laidlaw

On November 6, 2017

In Aboriginal, Constitutional

By: David Laidlaw

PDF Version: Silencing the Qat’muk Grizzly Bear Spirit

Case Commented On: Ktunaxa Nation v British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54 (CanLII)

In the course of reading the recent decision of the Supreme Court of Canada in Ktunaxa Nation v British Columbia, I was struck by the number (13) of authorized non-party intervenors. There is a central omission – who speaks for Qat’muk’s Grizzly Bear Spirit?

The Appellant Ktunaxa Nation described the Qat’muk region as a place of spiritual significance for them. As the Supreme Court said, “Notably, it is home to an important population of grizzly bears and to Grizzly Bear Spirit, or K?aw?a Tuk?u?ak?is, ‘a principal spirit within Ktunaxa religious beliefs and cosmology’” at paragraph 5 in the Majority Decision authored by Chief Justice McLachlin and Malcolm Rowe JJ, concurred in by Justices Abella, Karakatsanis, Wagner, Gascon, and Brown (Majority Decision).

Lease Terminates by Reason of Wells Shut-in for Producing in Excess of the Prescribed Gas to Oil Ratio

By Nigel Bankes

On November 2, 2017

In Oil & Gas, Property

By: Nigel Bankes

PDF Version: Lease Terminates by Reason of Wells Shut-in for Producing in Excess of the Prescribed Gas to Oil Ratio

Case Commented On: Canadian Natural Resources Limited v Rife Resources Ltd., 2017 SKQB 307 (CanLII)

Canadian Natural Resources Limited (CNRL) held a petroleum and natural gas lease for section 26 from Rife and Canpar.

How the Canada Child Benefit Affects Separated Parents: The Post-relationship Breakdown Family Unit of Taxation

By Kyle Gardiner

On November 1, 2017

In Family, Tax

By: Kyle Gardiner

PDF Version: How the Canada Child Benefit Affects Separated Parents: The Post-relationship Breakdown Family Unit of Taxation

Matter Commented On: The Liberal Government’s Fall Economic Update, Indexing Canada Child Benefit Payments to Inflation

In its fall economic update last Tuesday, the Liberals announced that beginning in July 2018, Canada Child Benefit (CCB) payments will be increased amidst a smaller-than-expected deficit (of $18.4 billion this year, down from the spring projection of $25.5 billion), and a generally favourable economic outlook. This increase of $5.6 billion over five years is significant because it addresses what was the primary criticism of the CCB when it first came into place – that the benefit amounts were not indexed to inflation. The Liberals previously committed to indexing the amount to inflation if they were re-elected in 2019, and this upward adjustment represents a realization of that promise.