ABLawg

On August 18, 2008 the Alberta Provincial Court posted its long awaited decision in the case of Gilles Caron. Caron was charged under an Alberta regulation with making an unsafe left turn, and sought to defend on the basis of a violation of his language rights, arguing that Alberta legislation is invalid because it is not enacted in both English and French. His case was initially fought on the issue of whether he was entitled to an interim costs award to permit him to pursue his constitutional challenge in the absence of funding from the Court Challenges program (see my earlier posts on this issue: Special Enough? Interim Costs and Access to Justice and Stay Of Interim Funding Denied In Language Rights Case). In a 96 page decision written in French, Judge L.J. Wenden of the Alberta Provincial Court found in favour of Caron’s language rights claim and accordingly dismissed his traffic offence (2008 ABPC 232).

Court of Appeal Rules in Walsh Case: End of a Seventeen Year Journey?

By Linda McKay-Panos

On September 4, 2008

In Human Rights, Labour/Employment

Cases Considered: Walsh v. Mobil Oil Canada, 2008 ABCA 268

PDF Version: Court of Appeal Rules in Walsh Case: End of a Seventeen Year Journey?

People often cite the length of time it takes to resolve human rights complaints as a deterrent to making such complaints. Delorie Walsh’s case may be cited as an extreme example. And, if the respondents appeal the current decision to the Supreme Court of Canada, the case might not be over yet.

Racial Profiling–Identification or Discrimination?

By Linda McKay-Panos

On August 30, 2008

In Human Rights

Cases Considered: Coward v. Alberta (Human Rights and Citizenship Commission, Chief Commissioner) 2008 ABQB 455

PDF Version: Racial Profiling–Identification or Discrimination?

This case was an application for judicial review of a decision of the Chief Commissioner of the Alberta Human Rights and Citizenship Commission (“Commission”). It addresses some very interesting issues, including the jurisdiction of the Commission to deal with the Canadian Charter of Rights and Freedoms (“Charter“) issues, and which police behaviour will amount to racial discrimination.

Landowners, Procedural Fairness and Alberta’s Energy Resources Conservation Board

By Nickie Nikolaou

On August 21, 2008

In Constitutional, Oil & Gas

Cases Considered: Domke v. Alberta (Energy Resources Conservation Board), 2008 ABCA 232.

PDF Version: Landowners, Procedural Fairness and Alberta’s Energy Resources Conservation Board

In a break from what seemed to be a growing trend, Mr. Justice Keith Ritter has refused leave to appeal to a group of landowners with respect to an Energy Resources Conservation Board (“ERCB”) decision. Perhaps because of the unfortunate result in Graff v. Alberta (Energy and Utilities Board), 2008 ABCA 119 (see my post on this decision ), Justice Ritter focused on one component of the test for leave – whether the appeal was prima facie meritorious – and dismissed the application. He looked at the facts and at the evidence and decided there was no merit to any of the proposed grounds of appeal. While it is hard to quarrel with all of Justice Ritter’s conclusions, ultimately his decision raises some troubling questions about procedural fairness and the ability of landowners to participate effectively in ERCB proceedings.

Arbitration is not Administrative Law

By Jonnette Watson Hamilton

On August 16, 2008

In Administrative Law, Arbitration

Cases Considered: Jamani v. Subway Franchise Systems of Canada Ltd., 2008 ABQB 438

PDF Version: Arbitration is not Administrative Law

The reasons that arbitration is a legitimate way to resolve a dispute are not the same reasons that administrative decision-making is legitimate. Arbitration is normally a process voluntarily chosen by parties who want a dispute decided by an impartial judge of their own choosing, whose decision on the merits of the dispute will be final and binding. It is a private alternative to the courts (albeit governed by legislation and even mandated by legislation in some cases). The justification for legislative and judicial deference to arbitration rests on the principle of freedom of contract and the norm of party autonomy. Administrative law, on the other hand, is public law. Administrative agencies and tribunals are created by federal and provincial legislative bodies and given tasks to do on behalf of the citizens of the country or province. Administrative decision-makers do not just resolve disputes between parties; they are also responsible for fulfilling the goals of their agency. Judicial review of administrative decisions exists, in part, to control the exercise of power by the executive and administrative branches of the state. Nevertheless, courts have recently been conflating the two areas of law and the decision in Jamani v. Subway Franchise Systems of Canada Ltd. is an example of this trend.

La Belle Province? Developments in Alberta Language Rights Cases

Court of Appeal Rules in Walsh Case: End of a Seventeen Year Journey?

Racial Profiling–Identification or Discrimination?

Landowners, Procedural Fairness and Alberta’s Energy Resources Conservation Board

Arbitration is not Administrative Law