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End? of a “Twenty-two-Year Odyssey” for Delorie Walsh

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On July 30, 2013

In Human Rights, Labour/Employment

PDF version: End? of a “Twenty-two-Year Odyssey” for Delorie Walsh

Case commented on: Walsh v Mobil Oil Canada, 2013 ABCA 238.

While several blogs have been written on the Walsh v Mobil Oil Canada case (see here, here and here), I was hoping not to have to write yet another one, and I really hope that the matter has come to a final conclusion, but I almost hesitate to so state. As noted by the majority of the Alberta Court of Appeal (Justices Paperny and McDonald, with Justice O’Ferrall concurring in the result), Ms. Walsh could not have known that when she filed her discrimination complaint against her former employer in 1991, it would lead to the termination of her employment and to a “22-year odyssey” to seek a remedy for her situation. As noted by the Court, Walsh appeared before the Human Rights Tribunal four times, the Court of Queen’s Bench twice, and this current case is Ms. Walsh’s second time before the Alberta Court of Appeal.

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Justice for the Blanding’s Turtle at the Ontario Environmental Review Tribunal

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On July 29, 2013

In Environmental, Protection of Species

PDF version: Justice for the Blanding’s Turtle at the Ontario Environmental Review Tribunal

Case commented on: Prince Edward (County) v Ontario (Ministry of the Environment), [2013] OERTD No 40.

Sometimes an exploration into what is missing will reveal more than a study of what is.  An examination of how differently things are done elsewhere can tell us a lot about our own ways.  Okay, perhaps it is just easier for me to say this comment looks at a recent decision of Ontario’s Environmental Review Tribunal to explore what it reveals about Alberta law governing energy projects and endangered species. In this case, Ontario’s Environmental Review Tribunal (the Tribunal) revokes an approval issued by the Director (Ministry of the Environment) under the Green Energy Act, SO 2009, c 12 for the construction of a wind turbine project on a peninsula of Crown land bordering Lake Ontario. The Tribunal’s decision is based on its finding that the project would cause serious and irreversible harm to the Blanding’s turtle – a species listed as threatened under Ontario’s Endangered Species Act, RSO 2007, c 6.

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Arbitration, Disability and Human Rights Cases

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On July 27, 2013

In Arbitration, Human Rights

PDF version: Arbitration, Disability and Human Rights Cases

Case commented on: AUPE v Alberta, 2013 ABCA 212.

This case involves the fairly technical issue of whether, in Alberta, a grievance involving a human rights issue should be resolved by an adjudicator who is entirely independent of the employer, who is a party. In this case, the collective agreement provided for the complaint to be resolved before a Designated Officer who was an employee of one of the parties, although not subject to the collective agreement. The Labour Relations Code, RSA 2000, c L-1 (Labour Code), section 135, provides that every collective agreement must include a dispute resolution mechanism, but does not contain any direct statement requiring that the arbitration mechanism must operate in circumstances absent a reasonable apprehension of bias (as is the case in some other provinces). There had been some prior cases involving section 135, but none of these involved a potential breach of both the collective agreement and the Alberta Human Rights Act, RSA 2000, c A-25.5 (AHRA).

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Burnaby Refinery not a Priority Destination under Pipeline Tariff

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On July 26, 2013

In Energy, Natural Resources, Oil & Gas

PDF version: Burnaby Refinery not a Priority Destination under Pipeline Tariff

Case commented on: Chevron Canada Limited Priority Destination Designation Application (15 July 2013) MH-002-2012 (NEB).

Most shippers on the Trans Mountain Pipeline will no doubt be pleased with the recent decision of the National Energy Board (NEB) denying a Priority Destination Designation for Chevron’s Burnaby Refinery. Chevron applied for an order designating Chevron’s Burnaby Refinery as a Priority Destination pursuant to section 1.58 of the Tariff of Trans Mountain Pipeline ULC. The Burnaby Refinery serves a key function as it refines Alberta crude oil into gasoline for the Lower Mainland of BC.

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Publication Bans in Police Mr. Big Operations

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On July 25, 2013

In Criminal, Privacy

PDF version: Publication Bans in Police Mr. Big Operations013

Case commented on: R v NRR, 2013 ABQB 302.

NRR was a youth who was being charged with two counts of second degree murder, one count of possession of stolen property, and one count of break and enter. The Crown offered into evidence statements made by NRR during a Mr. Big undercover operation.  This type of operation usually involves undercover members of the police posing as criminals, involving the suspect in what he or she thinks is a criminal gang in order to gain his or her trust and eventually obtain a confession for the actual crimes.  The accused (NRR) objected to the admission of the RCMP evidence on the basis that his rights under Charter section 7 had been violated. The Crown applied for a publication ban on identifying information about the undercover police officers who participated in the investigation. The Crown argued that the publication ban should be for three years, and NRR and the Edmonton Journal argued that the ban should only be for one year.

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