Alberta Report appealed a decision of the Alberta Human Rights Panel (the “Panel”) made pursuant to s. 33 of the Human Rights, Citizenship and Multiculturalism Act, R.S.A. 1980 1980, c-H-11.7. The principal issue on appeal concerned the extent to which the Panel could take notice of evidence introduced before other tribunals and whether in this instance the Panel violated the Appellant’s right to know the case to be met. The appeal was allowed and the case remitted back to the Panel for rehearing.

28. January 2003 0
Administrative law – Human rights complaints – Discrimination – Evidence – Judicial review – Natural justice – Evidence of other tribunals – Judicial notice Alberta Report v. Alberta (Human Rights and Citizenship Commission), [2002] A.J. No. 1539, Alberta Court of Queen’s Bench, December 10, 2002, Clark J. In the October 13, 1997 edition of its magazine, ...

A medical doctor appealed from the decision of an Inquiry Committee finding him guilty of infamous conduct and suspending him from the practice of medicine. The court refused to interfere with the Committee’s finding on credibility and the appeal was not allowed. In reviewing the Committee’s decision on penalty, the court took a deferential approach and did not overturn the ruling of the highly specialized tribunal.

28. January 2003 0
Administrative law – Physicians and surgeons – Disciplinary proceedings – Inquiry committee decisions – Fairness – Evidence – Sentencing – Judicial review – Appeal process – Scope of appeal M.M. v. College of Physicians and Surgeons of British Columbia, [2002] B.C.J. No. 2833, British Columbia Supreme Court, November 4, 2002, Bauman J. M.M., a medical doctor, ...

Once a fishing guide employee has shown he has been denied employment because of his mental disability, “prima facie discrimination” is established. The onus then shifts to the employer to demonstrate that the “standard” imposed by it (reasonable safely on the water) was a bona fide occupational requirement. In doing so, the employer’s direct experience with the employee is relevant evidence. Matter remitted to be determined on proper consideration of evidence.

22. October 2002 0
Administrative law – Human rights complaints – Disability – Evidence – Duty to accommodate – Occupational requirement Oak Bay Marina Ltd. (c.o.b. Painter’s Lodge) v. British Columbia (Human Rights Commission), [2002] B.C.J. No. 2029, British Columbia Court of Appeal, September 10, 2002, Newbury, Hall and Saunders JJ.A. A fishing guide with a bipolar affective disorder ...