ABLawg

Report considered: Standing Committee on Citizenship and Immigration, Temporary Foreign Workers and Non-Status Workers (May 2009)

PDF version: Canada’s Temporary Immigration System

“If a person is good enough to work here, a person is good enough to stay here.” This was the sentiment expressed in the recently released Report of the Standing Committee on Citizenship and Immigration, entitled Temporary Foreign Workers and Non-Status Workers (40th Parl., 2nd Sess. (May 2009)). Canada’s Temporary Foreign Worker’s Program was established to meet short-term labour shortages in the Canadian economy. Despite this initial goal, it has actually become more of a long-term solution to labour shortages and for immigrants wishing to make Canada their home. Temporary Foreign Workers (TFWs) remain in Canada for longer than the intended period, but maintain their “temporary status” and the limited rights that go along with that.

Charter and Oil and Gas Issues to Await Another Day: A Disappointing End to the Kelly Appeal?

By Nickie Nikolaou

On June 3, 2009

In Environmental, Natural Resources, Oil & Gas

Case Considered: Kelly v. Alberta (Energy and Utilities Board), 2009 ABCA 161

PDF version: Charter and Oil and Gas Issues to Await Another Day: A Disappointing End to the Kelly Appeal?

In an earlier post, I suggested that a recent development in the Kelly appeal would likely lead the Court of Appeal to declare the appeal moot (see “An Important Development in the Kelly Appeal“). I also suggested that, although this would not be a surprising decision, it would amount to a disappointing end for an appeal which held out promises of elucidating important legal issues. The Court of Appeal has indeed dismissed the Kelly appeal as moot. Although this result is certainly disappointing from a legal point of view, it is perhaps less so from a societal and public participation point of view.

To Employ or Not to Employ: Is That the Question?

By Linda McKay-Panos

On June 2, 2009

In Human Rights, Labour/Employment

Case considered: Lockerbie & Hole Industrial Inc. v. Alberta (Human Rights and Citizenship Commission), 2009 ABQB 241, overturning Donald Luka v. Lockerbie & Hole Industrial Inc. and Syncrude Canada, Alberta Human Rights and Citizenship Commission, February 15, 2008 (Beth Bryant)

PDF version: To Employ or Not to Employ: Is That the Question?

An appeal of a Human Rights Panel (“Panel”) decision brings to the fore an issue that has arisen in many human rights cases. When there is a complaint of discrimination in the area of employment under s. 7 of the Human Rights, Citizenship and Multiculturalism Act, R.S.A 200, c. H-14 (“HRCMA“), who will be considered an “employer”? This is especially pertinent in the current marketplace in Alberta where workers are often contractors or sub-contractors.

The Charter, School Boards and Discrimination Claims

By Jennifer Koshan

On June 1, 2009

In Constitutional, Human Rights

Case considered: Hamilton v. Rocky View School Division No. 41, 2009 ABQB 225

PDF version: The Charter, School Boards and Discrimination Claims

In a recent post I examined whether the Canadian Charter of Rights and Freedoms would apply to the University of Calgary in the context of its handling of an anti-abortion protest that took place on University campus (see Freedom of Expression, Universities and Anti-Choice Protests). A recent decision of the Alberta Court of Queen’s Bench looks at a similar issue, namely the application of the Charter to a local school board, but this time in the context of an employment discrimination issue. In Hamilton v. Rocky View School Division No. 41, Justice Bryan Mahoney found that the Charter did not apply to the school board’s alleged actions, and that the plaintiff was restricted to pursuing his claim under human rights legislation.

Amendments to Bill 44 Worsen a Bad Bill

By Linda McKay-Panos

On May 29, 2009

In Human Rights

Legislation considered: Bill 44, Human Rights Citizenship and Multiculturalism Amendment Act; Amendment A1A; Amendment A1B

PDF version: Amendments to Bill 44 Worsen a Bad Bill

In a previous post, I discussed a number of concerns about the proposed amendments to Alberta’s Human Rights Citizenship and Multiculturalism Act, R.S.A. 2000 c. H-14 (“Act”). One of the proposed amendments in Bill 44, referred to as the parental opt-out provision, has been the subject of much criticism. See Janet Keeping and Sheila Pratt, for example.