Federal Court of Appeal Clarifies Requirements for Family Status Discrimination

By: Linda McKay-Panos

PDF Version: Federal Court of Appeal Clarifies Requirements for Family Status Discrimination

Case commented on:Canada (Attorney General) v Johnstone, 2014 FCA 110 (Johnstone, 2014)

In an earlier post (see here) which discussed the case of three women who argued that they were discriminated against on the basis of family status, I included reference to another family status case where a new human rights hearing was ordered (see Johnstone v Canada (Attorney General), 2007 FC 36, [2007] FCJ No 43 (Johnstone); affirmed in 2008 FCA 101, [2008] FCT No 427 (Fed CA)). The Federal Human Rights Commission referred the matter to the Canadian Human Rights Tribunal (CHRT), and in 2013, both the CHRT and the Federal Court agreed that the Canadian Border Services Agency (CBSA) had discriminated against Fiona Ann Johnstone on the ground of family status, by refusing to accommodate her childcare needs through work schedule changes. The CBSA appealed the matter to the Federal Court of Appeal. The Women’s Legal Education and Action Fund (LEAF) intervened in the Johnstone case on appeal, arguing that discrimination on the basis of family status is closely related to sex discrimination because most caregivers in Canada continue to be women. (See LEAF Factum here).

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Constraining a Landlord’s Ability to Terminate a Residential Tenancy by Raising the Rent

By: Jonnette Watson Hamilton

PDF Version: Constraining a Landlord’s Ability to Terminate a Residential Tenancy by Raising the Rent

Case commented on: Milner’s Aloha Mobile Home Park (1998) Ltd v Jenkins, 2014 ABQB 229 (CanLII)

This is an important decision for residential tenants, with potentially far-reaching impact. If a residential tenant is not in breach of his or her tenancy agreement, a landlord is unable to evict them except for a small number of reasons prescribed by the applicable legislation, either the Residential Tenancies Act, SA 2004, c R-17.1 or the Mobile Home Sites Tenancies Act, RSA 2000, c M-20. But because Alberta has no law limiting the amount by which landlords can increase rent, everyone knows that landlords can force tenants out by raising their rent beyond what they can afford or are willing to pay. This decision by Master Andrew Robertson calls into question that received wisdom. Indeed, by finding that the increase in rent in Milner’s Aloha Mobile Home Park (1998) Ltd v Jenkins was really a notice to terminate a periodic tenancy and of no effect as either a notice to terminate or a notice of a rent increase, Master Robertson’s decision potentially signals a significant shift in the power balance between landlords and residential tenants in Alberta. Continue reading →

The Constitutionality of the Exclusion of Farm Industries under the Alberta Workers’ Compensation Act

By: Nelson Medeiros and Robin McIntyre

PDF Version: The Constitutionality of the Exclusion of Farm Industries under the Alberta Workers’ Compensation Act

Legislation Commented On: Workers’ Compensation Act, RSA 2000 c W-15

As part of the Constitutional Clinical Law class at the University of Calgary, we studied the constitutionality of the exclusion of farm workers from four statutes in Alberta; the Occupational Health and Safety Act, RSA 2000 c O-2 [OHSA], Labour Relations Code [LSC], RSA 200 c L-1, Employment Standards Code, RSA 2000 c E-9 [ESC], and the Workers’ Compensation Act, RSA 2000 c W-15 [WCA]. With respect to the WCA, we developed arguments as to why the exemption of the agricultural industries from mandatory inclusion under the Workers’ Compensation Act violates s. 7 and s. 15 of the Canadian Charter of Rights and Freedoms [Charter].  For earlier posts on the constitutionality of the OHSA and LRC see here and here. Continue reading →

Ethical vs. Unethical: The Troubling Tales of Tony Merchant

By: Alice Woolley     

PDF Version: Ethical vs. Unethical: The Troubling Tales of Tony Merchant

Case commented on: Merchant v Law Society of Saskatchewan 2014 SKCA 56

Introduction

Last week the Saskatchewan Court of Appeal upheld the Law Society of Saskatchewan’s three month suspension of E.F. Anthony (Tony) Merchant for conduct unbecoming.   The Court did so unanimously and without evident hesitation, rejecting clearly and unequivocally each of the many objections raised by Merchant to the Law Society’s decision.

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Faculty Council Resolution Re: Harper, MacKay and McLachlin

Editor’s Note

On May 6, 2014, our Faculty Council passed a unanimous motion calling on Prime Minister Stephen Harper and Justice Minister Peter MacKay to apologize to Chief Justice Beverly McLachlin of the Supreme Court of Canada for impugning her integrity and that of the Court. The letter is available here: Calgary_Faculty_Council_May_2014; the text is set out below.

The Faculty of Law Council at the University of Calgary joins with the Canadian Council of Law Deans and members of the legal community across Canada in expressing its grave concern with respect to statements made by Prime Minister Stephen Harper and Minister of Justice Peter MacKay, suggesting that Chief Justice Beverley McLachlin engaged in improper conduct in the context of the appointment of Mr. Justice Marc Nadon to the Supreme Court of Canada.

On the contrary, the facts confirm that the Chief Justice’s actions were consistent with the duties of her office, responsible, and beyond criticism. To suggest that the Chief Justice in performing her administrative role was inappropriately lobbying is to endanger one of the most important aspects of Canadian constitutional democracy, that being the relationship of respect between the independent judicial and executive arms of our government.

The University of Calgary Faculty of Law Council joins in the legal community’s condemnation of the government’s declarations regarding the actions of Chief Justice McLachlin. Our shared sentiment is that this is an unprecedented, baseless attack on one of the most important institutions of Canada’s constitutional democracy.

We call on the Prime Minister and the Minister of Justice to immediately and unequivocally apologize to the Chief Justice for wrongly impugning her integrity and to the Supreme Court of Canada for attempting to compromise its independence.

Unanimously approved by the University of Calgary Law Faculty Council on May 6, 2014.