Domestic Violence and Legal Issues Related to COVID-19, Part II

Posted on April 21, 2020 by Jennifer Koshan

By: Jennifer Koshan

PDF Version: Domestic Violence and Legal Issues Related to COVID-19, Part II

In my last post, I discussed domestic violence dimensions of the responses of the government and judiciary in Alberta to the COVID-19 pandemic, focusing primarily on provincial law and policy. This follow-up post reviews additional provincial laws and policies (including those related to protection orders and employment/occupational health and safety), federal laws (including those governing protection orders on First Nations reserves, immigration, and employment), and the overarching human rights context for responses to domestic violence and COVID-19 by governments and private actors such as employers. Continue reading →

Posted in Constitutional, COVID-19, Human Rights | Comments Off on Domestic Violence and Legal Issues Related to COVID-19, Part II

The Tragic Effects of COVID-19 in the Long-Term Care Sector

Posted on April 20, 2020 by Lorian Hardcastle

By: Lorian Hardcastle

PDF Version: The Tragic Effects of COVID-19 in the Long-Term Care Sector

Matters Commented On: Chief Medical Officer of Health (CMOH) Orders 09-2020 and 10-2020

Close to half of Canada’s 1300 COVID-19 deaths have occurred in long-term care facilities, with the number of fatalities expected to grow in the coming weeks. News reports reveal shocking conditions in Canadian long-term care homes, including residents in critical condition abandoned by staff, workers without protective equipment, residents begging to die, and conditions so bad that criminal charges may be laid. The situation in Quebec is so dire that the government has implored doctors and other health professionals to help and has requested that the federal government provide military assistance. This blog post addresses the vulnerabilities that COVID-19 has exposed in the long-term care sector, the steps governments have taken to slow the pandemic, and improvements that must be made to better protect residents in the future. Continue reading →

Posted in COVID-19, Health Law, Human Rights | Comments Off on The Tragic Effects of COVID-19 in the Long-Term Care Sector

Police Record Checks in Alberta

Posted on April 17, 2020 by Jennifer Taylor

By: Jennifer Taylor

PDF Version: Police Record Checks in Alberta

Paper Commented On: Alberta Law Reform Institute, Police Record Checks: Preliminary Research (March 2020)

The Alberta Law Reform Institute (ALRI) recently published a paper on police record checks. The paper:

    • examines the provincial and federal statutes that partially regulate the disclosure of information in police record check results;
    • reviews the provincial and national calls that have been made for specific legislation to regulate police record checks;
    • evaluates Ontario’s Police Record Checks Reform Act, 2015, SO 2015, c 30 (Ontario Act); and
    • compares the Ontario Act with the Alberta Police Information Check Disclosure Procedures (Alberta Procedures) endorsed by the Alberta Association of Chiefs of Police (AACP).

Continue reading →

Posted in Criminal, Privacy, Uncategorized | Comments Off on Police Record Checks in Alberta

COVID-19 and Cellphone Surveillance

Posted on April 16, 2020 by Joel Reardon

By: Joel Reardon, Emily Laidlaw, and Greg Hagen

PDF Version: COVID-19 and Cellphone Surveillance

Matter Commented On: Premier Jason Kenney’s Address on the COVID-19 Pandemic (April 7, 2020)

Last week in Premier Kenney’s address to the province, he announced (at approximately 10:29 of the video) that a central component of Alberta’s strategy in relation to COVID-19 (and its related SARS-CoV-2 virus) could require the use of technology to enforce quarantine orders: “We will strictly enforce quarantine orders to ensure compliance, including using technology like smartphone apps.” When a spokesperson for the Alberta Privacy Commissioner’s Office raised privacy concerns about the use of a smartphone app to enforce quarantine, the Calgary Herald reported that Premier Kenney dismissed such concerns as “overblown”, seemingly because only a small group of people would be tracked and only for the purposed of enforcing a valid quarantine order. Continue reading →

Posted in COVID-19, Health Law, Privacy | Comments Off on COVID-19 and Cellphone Surveillance

Is Now the Time to Consider Anti-SLAPP Legislation in Alberta? A Reflection on Pointes Protection

Posted on April 15, 2020 by Admin

By: Daniella Marchand and Nafisa Abdul Razak

PDF Version: Is Now the Time to Consider Anti-SLAPP Legislation in Alberta? A Reflection on Pointes Protection

Case Commented On:  1704604 Ontario Limited v. Pointes Protection Association, et al; 1704604 Ontario Ltd. v Pointes Protection Association, 2018 ONCA 685 (CanLII)

In November of last year, the Supreme Court of Canada (SCC) heard a case between 1704604 Ontario Limited and the Pointes Protection Association involving Ontario’s attempt at curbing Strategic Lawsuits Against Public Participation (SLAPPs). As we expect a decision from the SCC soon, it is an appropriate time to reflect on how the Pointes Protectioncase has the potential to impact implementation of anti-SLAPP legislation in Alberta. At the center of the case was a recent revision to Ontario’s Rules of Court, which has been commonly referred to as an ‘anti-SLAPP’ provision. Continue reading →

Posted in Uncategorized | Comments Off on Is Now the Time to Consider Anti-SLAPP Legislation in Alberta? A Reflection on Pointes Protection