Over the past several years, there have been a number of very significant reference decisions that have and will affect Canada’s legal landscape. A reference case is different than a regular civil or criminal case that involves litigating parties. In a reference, the federal or provincial … [Read more...]
Professional Bodies are Subject to Alberta Human Rights Act
A recent Human Rights Tribunal decision, Mihaly v The Association of Professional Engineers, Geologists and Geophysicists of Alberta, 2014 AHRC 1 (CanLII), (“Mihaly”) about the actions of the Association of Professional Engineers, Geologists and Geophysicists of Alberta (APEGGA), has sparked a fair … [Read more...]
Freedom of Association and Collective Bargaining: Are There Justifiable Limits?
For several years, public service employees have been restricted in their right to strike, in order to preserve their “essential” services. However, some argue that recent changes to Alberta’s public service labour legislation unjustifiably interfere with several rights under the Canadian Charter of … [Read more...]
Human Rights and Québec’s Charter of Values
On Thursday, November 7, 2013, the Québec government tabled its Charter of Values, Bill 60. The Bill provides that public body personnel must maintain religious neutrality in the exercise of their functions. It also restricts personnel from wearing objects “such as headgear, clothing, jewelry or … [Read more...]
Birth, Families and Employment
When a child comes into a family (through birth or adoption) and where the caregivers are employed (e.g., working for pay), there will need to be some kind of arrangement for leave from the employment in order to care for the child. Most families require that at least some portion of the leave is … [Read more...]
Human Rights Implications of New Provincial Impaired Driving Laws
Like many other Canadians, I am not terribly sympathetic towards people who drive while impaired, through alcohol, drugs (prescribed or illegal), while texting, or experiencing extreme fatigue. We have a set of laws under the federal Criminal Code of Canada, RSC 1985 c C-46, that address impaired … [Read more...]
Random Alcohol and Drug Testing as a Complex Human Rights Issue
At the moment in Canada, there are some legal cases dealing with unions, privacy and random drug testing. The Supreme Court of Canada (SCC) recently decided a case on the issue. See: Communications, Energy and Paperworkers Union of Canada Local 30 v Irving Pulp and Paper Mill, 2013 SCC 34 … [Read more...]
New Developments in the Area of Discrimination on the Basis of Family Status
Note: a portion of this article is reproduced with permission from Ablawg.ca “Accommodation for Family Status Required by Federal Human Rights Tribunal for Three Alberta Women” – Ablawg December 22, 2010 All provinces and territories, and the federal government, have human rights legislation to … [Read more...]
Equality Case Seems to Have Fractured the Supreme Court of Canada
A recent decision of the Supreme Court of Canada (SCC) Quebec (Attorney General) v A, 2013 SCC 5, seems to have divided the Court on the issue of discrimination and equality in a manner somewhat reminiscent of the fractured Court of the mid 1990s (see the “equality trilogy”: Miron v Trudel, [1995] 2 … [Read more...]
Standing Up for Your Rights
Standing is a legal principle that addresses who is entitled to bring a case before the court for a decision. Although standing (in a legal sense) may sound like a technical legal issue, it is very important to rights litigation in Canada. After the Canadian Charter of Rights and Freedoms (Charter) … [Read more...]
