Photo: Flickr/ Grant Neufeld

This case demonstrates grievance arbitration panels’ shared jurisdiction with the Alberta Human Rights Commission on human rights issues. It also shows one of the fairly rare circumstances when individuals (or their employers) can effectively contract out of human rights protection. The International Brotherhood of Electrical Workers (IBEW) Local 1007 represented Darrell McGowan in a grievance wherein he asserted that he was forced to resign and access his pension instead of being able to access his long term disability (LTD) benefits. The LTD Policy negotiated between McGowan’s employer (Epcor) and its third party benefits provider (Sun Life) expressly excluded access to LTD benefits for people “who retire or those who are eligible to retire with a full pension” (Re Epcor Utilities Inc. and IBEW, Local 1007 (McGowan), 2015 CarswellAlta 1657 (IBEW Arbitration) at 2).

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Photo: Flickr/ AFS-USA Intercultural Pro....

The Court of Queen's Bench of Alberta recently upheld a human rights decision that found Webber Academy, a private school in Calgary, had unlawfully discriminated against two Muslim high school students by prohibiting them from performing certain prescribed Sunni prayers at school. Dr. Webber, President and Chairman of Webber Academy, said that bowing and kneeling was too overt and such prayers would be not allowed on campus. The Alberta Human Rights Tribunal in 2015 found that Webber Academy discriminated against the two students and awarded the students $12,000 and $14,000 respectively as damages for distress, injury and loss of dignity (see 2015 AHRC 8 (CanLII)). The Academy did not explicitly claim that the complainants had waived their rights prior to enrollment. However, on appeal Justice GH Poelman addressed the issue of waiver, as the pre-enrollment discussions between the students and staff were discussed at length by the Tribunal.  Justice Poelman held that waiver is not a possible defence in any case, as human rights are a matter of public policy and protect the inherent dignity of every individual; thus they “cannot be waived or contracted out of” (at para 106).

 

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Photo: flickr/ Asian Development Bank

There is a long-standing concern about the under-representation of women (and minorities) in our political system. There are several theories about why these groups are not reflected in politics in ways that represent their numbers in Canada. The issue has been recognized, and recently, a proposed amendment was introduced in Parliament and received second reading: Bill C-237, An Act to amend the Canada Elections Act (gender equity)(First Session, Forty-second Parliament, 64-65 Elizabeth II, 2015-2016). Will this proposed amendment, if implemented, actually result in any change in the gender balance in Parliament?

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Photo: flickr/ Aphrodite

The issue of publication bans in the context of criminal matters ordered by the courts became more complex with the advent of the Internet. Some may remember when the criminal proceedings of Karla Homolka were subject to a publication ban. There were several alleged breaches of the ban when the close proximity to the United States and the inability for an Ontario court order to apply to the United States, coupled with public access to the Internet, effectively nullified the court’s order. In addition, in 2005, author Stephen Williams was sentenced for violating a publication ban by including details of the criminal activities of Homolka and Paul Bernardo in two books (Nick Pron and Robert Benzie, “Bernardo Author called ‘a criminal’ Stephen Williams guilty of breaking publication ban” Toronto Star (15 January 2005) online:http://www.thefreeradical.ca/moviesBernardo/articlesOnStephenWilliams.html).

 

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Photo: flickr/ Joelle Hatem

On some occasions, there is an Alberta Human Rights Tribunal (AHRT) case where the respondent may have been far better off settling the complaint in private, instead of steadfastly denying discrimination occurred, or refusing to settle even after an investigation, thereby experiencing what should be embarrassing publicity inherent in a reported AHRT decision against them. This may be one of those cases. The Director of the Alberta Human Rights Commission (AHRC) had carriage of the complaint before the AHRT (at para 6), which indicates that the AHRC had previously determined that the complaint had merit and that the parties were unable to settle or unwilling to accept the terms of a proposed settlement.

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Photo: flickr/ The UpTake

Across Canada we have seen many developments in GLBT rights in the past few years. With the legal recognition of same-sex marriage, we might have thought that true equality for same-sex families had been reached. However, some of our provincial family laws have not kept up to these legal changes. In particular, in some provinces, when married gay or lesbian partners have a child, the non-birth parent(s) must legally adopt the child before they have any status as parents.

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Photo: flickr/Daniel Arauz

The Court in R v Canadian Broadcasting Corporation allows the Canadian Broadcasting Corporation (CBC) to maintain pre-publication ban articles on the web, thus allowing access to the identity of a deceased child victim. One of the major purposes of a publication ban is to protect a child victim’s privacy and thereby ensure future victims will come forward with the assurance of anonymity. This case demonstrates that freedom of expression of the media can take priority over a victim’s privacy rights. The case also demonstrates the lack of policy and legal authority dealing with web-based material, the transmission of information, victim’s privacy, and publication bans.

 

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Photo: flickr/Government of Alberta

There are a number of ABlawg posts dealing with the issue of whether the Canadian Charter of Rights and Freedoms (Charter) applies to universities (see: Face-ing the Charter’s Application on University Campuses; University Campus is not Charter-Free; Freedom of Expression, Universities and Anti-Choice Protests). Many of these decisions involve freedom of expression, which is considered to be a very important element of university life (e.g., for academic freedom, free discussion and debate of ideas). Recently, I posted about a case involving the University of Victoria (see Does the Charter Apply to Universities? Pridgen Distinguished in U Vic Case) in which the British Columbia Supreme Court did not follow the judgment of Alberta Court of Appeal Justice Paperny in Pridgen v University of Calgary, 2012 ABCA 139. Although the case law synthesized by Justice Paperny was not determinative in Pridgen, her judgment provides an excellent, logical synthesis of how the precedents on the application of the Charter should be applied in various contexts, including universities. This post discusses the BCCA decision on the University of Victoria case.

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Photo: flickr/Privacy Online

The Freedom of Information and Protection of Privacy Act, RSA 2000, c. F-25 (“FOIPPA”, or “the Act”) outlines the obligations of a public body to provide access to records, including access to your own personal information. The overall purpose of the Act (s 2) is to balance our right to access records in the custody and control of public bodies, like the City, with protecting the privacy of individuals by controlling the manner in which public bodies collect, use and disclose personal information. Although there are exceptions to accessing records, these are limited, and interpretation of the Act should be made with the goal of maximum disclosure. As citizens, we have a right to know what information about ourselves is being held by a public body. For example, if someone is making a complaint about us we have a right to know the details so we can defend ourselves. Disclosure by the public body allows citizens to participate in decisions in a more informed and meaningful way.

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Photo: flickr/Stephanie Watson

From time to time, concerns are expressed about the length of time human rights complaints take to resolve. There are some circumstances where resolution of these cases does seem to take too long. Unfortunately, those who criticize the existence of human rights commissions often take these occasional delayed cases as opportunities to add fuel to their calls for elimination. However, an examination of the circumstances surrounding the delays, which only occur in a small fraction of human rights cases, helps to assess possible alternative solutions.

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