ABLawg

Case considered: Vilven v Air Canada and Air Canada Pilots Association; Kelly v Air Canada and Air Canada Pilots Association, 2009 CHRT 24; Remedy: 2010 CHRT 27

Recently, an Air Canada pilot from Airdrie, George Vilven, together with pilot Neil Kelly, succeeded in challenging Air Canada’s mandatory retirement policy. Mandatory retirement in human rights law has seen some interesting developments over the years. There are currently no laws in Canada that force a person to retire. In addition, the federal and most provincial governments prohibit age discrimination in their human rights legislation. Nevertheless, mandatory retirement does exist in Canada, and whether you are forced to retire and when, depends on where you live.

Multiple Sexual Offence Proceedings and the Disclosure of “Records” under the Criminal Code

By Jennifer Koshan

On November 10, 2010

In Criminal, State Responses to Violence

PDF version: Multiple Sexual Offence Proceedings and the Disclosure of “Records” under the Criminal Code

Case considered: R. v. Leykin, 2010 ABQB 631

Ruslan Leykin was charged with a number of sexual offences relating to N.W, who is also the complainant in a second sexual assault case involving a different accused. Leykin sought access to records in the possession of the Crown in relation to the second case, and argued that the governing procedure was that in R. v. Stinchcombe, [1991] 3 S.C.R. 326. The Crown argued that the proper procedure for determination of production of records was that set out under ss.278.1 to 278.9 of the Criminal Code, R.S.C. 1985, c.C-46 (“the production provisions”). In a short but important decision, Justice June Ross of the Alberta Court of Queen’s Bench agreed with the Crown, holding that the production provisions of the Criminal Code apply to records in the possession of the Crown in relation to a separate sexual assault proceeding.

Facebook and Freedom of Expression

By Heather Beyko

On November 9, 2010

In Constitutional

PDF version: Facebook and Freedom of Expression

Case considered: Pridgen v University of Calgary, 2010 ABQB 644

Pridgen v University of Calgary involves twins Keith Pridgen and Steven Pridgen, two students at the University of Calgary who were enrolled in the Faculty of Communications and Culture in the fall of 2007. Both students participated in posting comments to a Facebook Wall created by a fellow student, under the name of “I NO Longer Fear Hell, I Took a Course with Aruna Mitra.” Professor Mitra was teaching a Law and Society course, namely LWSO 201, which the Applicants were taking.

Alberta proposes to consolidate its protected areas legislation

By Shaun Fluker

On November 8, 2010

In Environmental, Protection of Spaces

PDF version: Alberta proposes to consolidate its protected areas legislation

Legislation commented on: Bill 29, Alberta Parks Act, The Legislative Assembly of Alberta, Third Session, 27th Legislature, 59 Elizabeth II

On November 4, 2010 the Minister of Tourism, Parks and Recreation introduced Bill 29, the Alberta Parks Act, for first reading in the Legislature. Bill 29 proposes to replace existing protected areas legislation in Alberta including the Provincial Parks Act, RSA 2000, c. P-35, and the Wilderness Areas, Ecological Reserves, Natural Areas and Heritage Rangelands Act, RSA 2000 cW-9. If the legislature enacts Bill 29 into law in its current form, the Alberta Parks Act will simplify the categorizations for protected areas in Alberta but the enactment will also delegate most legal authority over protected areas to Cabinet or the Minister. These are significant changes to the existing framework.

Alberta Makes Significant Progress in Establishing a Legal and Regulatory Regime to Accommodate Carbon Capture and Storage (CSS) Projects

By Nigel Bankes

On November 3, 2010

In Carbon Capture and Storage

By: Nigel Bankes

PDF Version: Alberta Makes Significant Progress in Establishing a Legal and Regulatory Regime to Accommodate Carbon Capture and Storage (CSS) Projects

Legislation Commented On: Bill 24, Carbon Capture and Storage Statutes Amendment Act, 2010, The Legislative Assembly of Alberta, Third Session, 27th Legislature, 59 Elizabeth II

On November 1, 2010 the Minister of Energy introduced in the legislature Bill 24, the Carbon Capture and Storage Statutes Amendment Act. If and when enacted, the Bill will amend four of the provinces’s energy statutes, the Energy Resources Conservation Act (ERCA), RSA 2000, c.E-10, the Mines and Minerals Act (MMA), RSA 2000, c. M-17, the Oil and Gas Conservation Act (OGCA), RSA 2000, c.O-6 and the Surface Rights Act (SRA), RSA 2000, c.S-24, all in a bid to accommodate CCS projects and provide clear legal and regulatory rules for such projects. This blog focuses on the amendments to the MMA and the OGCA.

Pilot from Airdrie is Successful in Mandatory Retirement Case

Multiple Sexual Offence Proceedings and the Disclosure of “Records” under the Criminal Code

Facebook and Freedom of Expression

Alberta proposes to consolidate its protected areas legislation

Alberta Makes Significant Progress in Establishing a Legal and Regulatory Regime to Accommodate Carbon Capture and Storage (CSS) Projects