Police Information Check, Vulnerable Sector Check and Privacy Rights

Police Information Check, Vulnerable Sector Check and Privacy Rights

Photo: flickr/george tan

By Myrna El Fakhry Tuttle

Reposted from ABlawg with permission.

Case Commented On: Edmonton (Police Service) v Alberta (Information and Privacy Commissioner), 2019 ABQB 587 (CanLII)

This case comes shortly after our Centre (Alberta Civil Liberties Research Centre (ACLRC)) published a report entitled Collection, Storage and Disclosure of Personal Information by the Police: Recommendations for National Standard(ACLRC Report) which tackled similar issues to those decided upon by the Court of Queen’s Bench.

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Context is Everything When it Comes to Charter Application to Universities

Context is Everything When it Comes to Charter Application to Universities

Photo: flickr/Kim Siever

By Linda Mckay-Panos

Reposted from ABlawg with permission.

Case Commented On: Yashcheshen v University of Saskatchewan, 2019 SKCA 67 (Can LII)

The issue of whether a university is subject to the application of the Charter has arisen in a number of cases, some of which appear to conflict. See: BCCA Unfortunately Chooses Not to Follow Alberta’s Lead on the Issue of Whether the Charter Applies To Universities.

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Gay-Straight Alliances

Gay-Straight Alliances

Photo: flickr/blickity black

By Linda McKay-Panos

Reposted from 44(1) LawNow with permission.

Gay-straight alliances (GSAs) are groups formed in schools and run by students with teacher support or sponsorship. The purpose of a GSA is to create welcoming, caring, respectful and safe spaces for LGBTQ2S+ (Lesbian, Gay, Bisexual, Transgender, Queer or Questioning, Two-Spirit, Intersex, Pansexual, Asexual, Androgynous) students and their allies.

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When is Reinstatement Possible for Employment Discrimination?

When is Reinstatement Possible for Employment Discrimination?

Photo: flickr/The Library of Congress

By Linda McKay-Panos

Reposted from 44(1) LawNow with permission.

A worker experiencing discrimination must choose the legal avenue that will give them the result they want. For example, if pursuing the matter in court, the worker will have to start a contract claim (e.g., wrongful dismissal) or tort claim. One cannot sue in tort for discrimination, but one can sue in tort for the intentional infliction of mental suffering.

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Alberta Human Rights Tribunal Decision Reinstates Reinstatement

Alberta Human Rights Tribunal Decision Reinstates Reinstatement

Photo: flickr/Bill Burris

By Linda McKay-Panos

Reposted from ABlawg with permission.

Case Commented On:  Pratt v University of Alberta, 2019 AHRC 24 (CanLII)

While it has always been legally possible for an employer to be ordered to reinstate an employee after there has been a finding of discrimination, recent tribunals and courts have been reluctant to award this remedy. However, the Pratt case may open the doors again to this possibility in some circumstances.

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Freedom of Expression at Canadian Universities: A difficult compromise?

Freedom of Expression at Canadian Universities: A difficult compromise?

Photo: flickr/Gary Todd

By Linda McKay-Panos

Reposted from 43(6) LawNow with permission.

Recently, Ontario’s Premier Doug Ford passed a new policy that Ontario universities should adopt free-speech policies, or face receiving less money from the Government. The policies must meet “a minimum standard prescribed by government.”

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When can the Right to Freedom of Expression be Curtailed?

When can the Right to Freedom of Expression be Curtailed?

Photo: flickr/B Dungeon

By Myrna El Fakhry Tuttle

Reposted from 43(6) LawNow with permission.

The right to express our opinions is a crucial element of a democracy. Freedom of expression is a basic characteristic of personal development. It gives us the right to dissent and the right to be heard. We can make our own choices about our basic beliefs by being exposed to different thoughts and opinions (see: Fundamental Freedoms: Freedom of Expression). Freedom of expression has been recognized as essential in international and national laws.

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At What Stage does the Duty of Self-Accommodation Arise in a Discrimination Analysis?

At What Stage does the Duty of Self-Accommodation Arise in a Discrimination Analysis?

Photo: flickr/Cristian Ungureanu

By Sahani Samarappuli

Reposted from ABlawg with permission.

Case Commented On: United Nurses of Alberta v Alberta Health Services2019 ABQB 255 (CanLII)

As noted in previous posts (see here), the definition of discrimination on the basis of family status has been extended recently to include recognition of childcare responsibilities (see e.g. Canada (Attorney General) v Johnstone, 2014 FCA 110 (CanLII)SMS Equipment v Communications, Energy and Paperworkers Union, 2015 ABQB 162 (CanLII), both cases discussed below). However, the point at which employers’ duty to accommodate is triggered remains controversial. In particular, the question remains as to how a complainant’s duty of self-accommodation should be dealt with in the discrimination analysis.

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Human Rights and Extradition Law

Human Rights and Extradition Law

Photo: flickr/thierry ehrmann

By Linda McKay-Panos

Reposted from LawNow 43(4) with permission.

Recently, extradition has been front and centre in our news cycle (see: CBC, January 22, 2019 “China accuses U.S., Canada of abusing extradition in Huawei case”). There are very important human rights aspects to the process of extradition. These are critical to our democracy and the rule of law. For example, if another nation involved in the extradition seeks to punish or otherwise persuade Canada by imprisoning Canadians, this is not respectful of the rule of law and cannot affect how we perform the extradition process.

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