Syncrude Canada Ltd v Saunders, 2015 ABQB 237, case highlights the role of the appeal court in reviewing Human Rights Tribunal decisions, and the effect of the claimant’s credibility on proving discrimination on the basis of disability or perceived disability.

Photo: And parsecs to go/flickr

Mandatory minimums are a hotly contested issue in Canadian Criminal Law. In R v Nur, the Supreme Court of Canada weighed in on whether mandatory minimum sentences impose cruel and unusual punishment on offenders. What makes this particular sentencing provision interesting is that it allows the Crown to proceed either by way of summary or indictment, with only the latter carrying the minimum sentence of three years. The Dissent viewed this as a safety valve preventing less blameworthy offenders from being subject to the mandatory minimum. This view was rejected by the Majority.

photo: Keary O./flickr

The definition of discrimination on the basis of family status has recently been extended in federal and provincial human rights law to mean not only one’s relationship to another person, but also to include recognition of childcare responsibilities. The leading case, Canada v Johnstone, 2014 FCA 111, was discussed in previous posts (see here). The current case demonstrates that Alberta labour arbitrators have joined the “family”.

photo: Atli Harðarson/flickr  

It is a well-known principle that one cannot contract out of one’s human rights. For example, one cannot contract or agree to be subjected to sexual harassment in the workplace in the future. This does not, however, prevent parties from entering into settlement agreements after a human rights situation has occurred. Respondents and complainants settling claims under the Alberta Human Rights Act, RSA 2000 c A-25.5 (“AHRA”) agree that no further human rights complaints will be made about the current circumstances, in exchange for receiving money or other remedy. There is a long line of caselaw in which these settlement agreements have been upheld by the Alberta Human Rights Tribunal (“Tribunal”) or the courts. The leading case that sets out the requirements for upholding a settlement agreement is Chow v Mobil Oil, 1989 ABQB 1026. The Buterman cases demonstrate some of the access to justice challenges faced by the Alberta Human Rights Commission (“AHRC”) and the parties when the settlement agreement is at issue.

photo: Caitlyn Childs/flickr

Consider these two ads which deal with the subject of honour killings. You are told that the maker of these advertisements, the American Freedom Defence Initiative (“AFDI”) published the ads in order to raise awareness of the subject and to provide support to young girls whose lives are in danger. These ads are similar with the exception of the revisions made to the second ad in italics.

Girls’ Honor Killed by their Families. Is Your Family Threatening you? Is Your Life in Danger? We Can Help: Go to FightforFreedom.us

Muslim Girls’ Honor Killed By Their Families. Is Your Family Threatening You? Is there a Fatwa On your Head? We Can Help: Go to FightforFreedom.us

The second ad has the initials “SIOA”, or “Stop the Islamization of America” added at the bottom.

photo: Steve Rhodes/flickr