June 18, 2024

Alberta Human Rights Information Service (AHRIS) is a free online newsletter that keeps subscribers up-to-date on Commission news and events. AHRIS also provides timely information about human rights and diversity from other organizations.

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Alberta Human Rights Information Service - June 18, 2024

In this issue:

National Indigenous Peoples Day is June 21

Human rights case law: Tribunal decisions
1. Recent Tribunal decisions
2. Summary of recent Tribunal decisions

Commission news
1. Tribunal update
2. Indigenous Advisory Circle (IAC) update
3. Final Report on Call for Justice 1.7
4. New resources
5. In case you missed it…
6. What’s new on our website
7. Confidential Inquiry Line menu options
8. Human Rights in the Workplace workshop
9. King’s Counsel designation
10. The Commission and the community

Other news
1. 2023-24 Human Rights and Multiculturalism scholarship recipients

National Indigenous Peoples Day is June 21

An eagle representing First Nations, a narwhal representing Inuit, and a violin representing Métis. These illustrations are placed around the date "June 21" and surrounded by multicoloured smoke that represents Indigenous traditions, spirituality, inclusion, and diversity
National Indigenous Peoples Day June 21 #NIPD2024

Every year on National Indigenous Peoples Day, people across Canada celebrate and honour the diverse cultures, traditions, histories, and contributions of Indigenous Peoples and learn more about participating in the ongoing work of reconciliation.

Throughout National Indigenous History month, this year, the Commission has spotlighted notable Indigenous human rights leaders on our social media accounts. One of these leaders includes Muriel Stanley Venne, a tireless human rights advocate who was appointed as the first Indigenous Member of the Commission in 1973. Stanley Venne’s contributions to Indigenous rights and human rights span decades, from her early work in education and advocacy, to establishing the Institute for the Advancement of Aboriginal Women in 1994, an organization that continues to advance equal rights for Indigenous women today.

Another leader is Frances Weasel Fat, a lifelong advocate for Indigenous cultures, traditions, and housing rights, and the first Indigenous person to bring a complaint before the Commission’s Board of Inquiry in 1972. Ms. Weasel Fat’s story is one of persistent commitment to improving justice for Indigenous Peoples across Alberta. Many of Ms. Weasel Fat’s contributions are highlighted in an excerpt from a speech given by Chief Justice Ritu Khullar, available on the Commission’s YouTube channel.

Highlighting these stories is just one of the ways the Commission is working to amplify the importance of Indigenous human rights in Alberta. As we continue to implement our Indigenous Human Rights Strategy, the Commission has worked to build stronger relationships with Indigenous communities, remove barriers, and make our systems more culturally relevant.

Over the past year, we have improved navigation supports for underrepresented parties and further integrated Indigenous knowledge and practices into our services through new directives on smudging, the use of blessed eagle feathers, and increased cultural competency training for staff. The Commission is also taking steps to make more of our resources available in Indigenous languages, including Cree, Blackfoot, and Dene. Through the collection of disaggregated demographic data, we aim to better identify gaps and barriers to our programs and services in the years to come. 

The Commission remains dedicated to removing systemic barriers for Indigenous people accessing Alberta’s human rights system. As we recognize National Indigenous Peoples Day, we continue to deepen our understanding of ways to better meet the needs of Indigenous Peoples, uphold human rights, and redress historical and ongoing injustices.

Message from the Chief of the Commission and Tribunals

“The importance of oral history and stories to Indigenous Peoples cannot be overstated; I encourage all Albertans to seek out and hear more of these stories.” 

Read the full message from Kathryn Oviatt, Chief of the Commission and Tribunals, Alberta Human Rights Commission acknowledging the importance of this day.

Human rights case law: Tribunal decisions

1. Recent Tribunal decisions
Read all Tribunal decisions free of charge on the Canadian Legal Information Institute (CanLII) website.

2. Summary of recent Tribunal decisions

  • Strict application of 30-day limitation to file an appeal of the Director’s dismissal decision

Sajinovic v Lantic Inc., 2024 AHRC 32 (Alberta Human Rights Tribunal, February 16, 2024)

The complainant filed a request for review under section 26 of the Alberta Human Rights Act. Section 26 of the Act states that a complainant has 30 days after receiving notice of dismissal to file a request for review.

Several cases demonstrated that the time limits under section 26 are mandatory. A complainant must file a request for review of the Director’s dismissal decision within 30 days of the Director’s decision. While the Chief of the Commission and Tribunals has occasionally granted additional time to complainants who need accommodation to provide additional documents, that is only if the actual request for review was filed on time in the first place.

In this case, the complainant asked for an extension to the 30-day limitation period. He contacted the Tribunal Office within the 30 days to make this request. The Tribunal Registrar outlined that the limitation period cannot be extended; however, the complainant did not file a request for review within 30 days.

Three days after the limitation period expired, the complainant wrote to the Tribunal Registrar and argued that the initial email requesting an extension was the complainant’s request for a review under section 26. The Tribunal Registrar’s letters had been clear that the complainant must provide the required documents in support of the request for review. The initial email from the complainant did not meet the requirements of a request for review under section 26 of the Act. Chief of the Commission and Tribunals, Kathryn Oviatt, rejected the appeal and dismissed the complaint stating that there was no discretion to extend the 30-day limitation period.

The Tribunal has released a new practice direction on request for review under section 26. This information is provided to the parties when the Director of the Commission dismisses a complaint.

  • Damages awarded

John v Edmonton Police Service, 2024 AHRC 79 (Alberta Human Rights Tribunal, May 13, 2024)

In a complaint by two Black men, the Tribunal awarded each person $40,000 in damages for injury to dignity.

  • Court of King’s Bench upholds Tribunal decisions

Smith v Alberta, 2024 ABKB 187 (Alberta Human Rights Commission, April 3, 2024), upholding Smith v Lafarge Canada Inc., 2021 AHRC 68

Lichuk v Alberta 2024 ABKB 153 (Minister of Agriculture and Irrigation, March 19, 2024), upholding Lichuk v His Majesty the King in Right of Alberta, 2023 AHRC 32

Commission news

1. Tribunal update

The Tribunal office released a new practice direction on request for review under section 26, which is now available on our Laws and practice directions webpage.

2. Indigenous Advisory Circle (IAC) update

Pictured from top left to bottom right: Emmanuel Owusu, Lucas Porciello, Sarah Sinclair, Shelly Bischoff, Teddy Manywounds, Janet Gobert, Christina Breen, Zahra Ismail, Evan Brunner, Zolani Ncube, Kathryn Oviatt, Anne Clennett, Carolyn Ormsbee, Kelly Benning, Caitlin Downie, Heidi HeavyShield (Aksistowaki)
Pictured from top left to bottom right: Emmanuel Owusu, Lucas Porciello, Sarah Sinclair, Shelly Bischoff, Teddy Manywounds, Janet Gobert, Christina Breen, Zahra Ismail, Evan Brunner, Zolani Ncube, Kathryn Oviatt, Anne Clennett, Carolyn Ormsbee, Kelly Benning, Caitlin Downie, Heidi HeavyShield (Aksistowaki)

On April 25, the Commission’s Indigenous Advisory Circle met in person in Edmonton. Discussions included getting input on initiatives that are underway and how the Commission can continue to support Circle members in their work. Circle member, Nadine McRee, presented on her team’s important work on the Alberta Health Services Indigenous Support Line. This confidential telephone service helps First Nations, Métis, and Inuit Peoples, and their families, as well as service providers, navigate the healthcare system. The line provides culturally safe supportive listening, connections to health resources, Indigenous cultural supports, and help with addiction and mental health concerns, as well as a place to report patient concerns. The Indigenous Support Line is available in North, Central, and South Zones. Learning about AHS’s Indigenous Support Line helps inform the Commission’s work and provides awareness and opportunities for the Commission to better support Indigenous communities throughout Alberta.

The Circle has also been instrumental with staff training and knowledge development about Indigenous Peoples. Throughout Indigenous History Month, Commission staff will learn about Indigenous culture, teachings, and practices, as well as current issues, through an online interactive calendar. If you want to learn more about implementing this activity for your own organization, please feel free to reach out to the Communication, Education and Engagement department at educationcommunityservices@gov.ab.ca.

3. Final Report on Call for Justice 1.7

Earlier this month, the Crown-Indigenous Relations Ministerial Special Representative, Jennifer Moore Rattray, released the Final Report on Call for Justice 1.7 from the 2019 National Inquiry into Missing and Murdered Indigenous Women and Girls. It calls on the federal, provincial, and territorial governments, in partnership with Indigenous Peoples, to establish a National Indigenous and Human Rights Ombudsperson with authority in all jurisdictions, and to establish a National Indigenous and Human Rights Tribunal.

In lead up to the final report, the Commission appeared before the Senate of Canada’s Standing Committee on Indigenous Peoples in April 2023. The Chief of the Commission and Tribunals appeared on a panel with representatives from Canadian human rights commissions. In follow-up, the Commission made a written submission in August 2023 to the Senate of Canada's Standing Committee on Indigenous Peoples. Read more about this initiative.

4. New resources

  • Requesting accommodations in the workplace

Page one of requesting accommodations in the workplace tool

The Commission is pleased to share a new resource for requesting workplace accommodations, developed in partnership with PolicyWise for Children & Families. The resource includes a guide for service providers supporting clients needing and requesting accommodations at work, as well as a form to help document conversations between employers and employees.

  • The guide explains the duty to accommodate and the responsibilities of both employers and employees.
  • It offers practical information and examples of accommodations.
  • It includes tips for preparing for conversations and collaboration between the employer and the employee to identify and discuss accommodations.
  • Both the guide and the tool are available in six languages, including Arabic, Ukrainian, Punjabi, Spanish, Tagalog, and English.

This publication is now available on the Commission’s website on our duty to accommodate at work page and on our resources page.

  • Evacuation Information Support Package

In late March, the Commission put together an Evacuation Information Support Package for evacuees, service providers, and municipalities with information on human rights protections and obligations and about who individuals can reach out to if they experience discrimination during an evacuation. The package has been disseminated to community groups and members, businesses, and service providers, as well as several government agencies who work directly with those impacted by wildfires.

The information package is available for individuals, organizations, and community members who are involved in emergency evacuations due to wildfires. If you would like to request a copy, please email educationcommunityservices@gov.ab.ca.

5. In case you missed it…

  • On April 16th, the Commission held a webinar on Pregnancy, Parenting, and Human Rights featuring Kathryn Oviatt, Chief of the Commission and Tribunals, and Reena Khullar, Human Resources Executive. The webinar delved into how the Alberta Human Rights Act applies to pregnancy, breastfeeding/chestfeeding, maternity and parental leave, adoption, and childcare obligations. You can watch the recording here.

For additional information, refer to our Human Rights, Pregnancy, Parental Rights and Responsibilities Human Rights Guide.

  • On April 18th, the Centre for Public Legal Education Alberta (CPLEA) held a webinar entitled All About Maternity and Parental Leaves for Employers. The webinar featured Melissa Moisey, Director of Complaints Management, who spoke about how the Alberta Human Rights Act applies to maternity and parental leave. Learn more by watching the recording.

6. What’s new on our website

  • Career’s page

We are pleased share a new careers page available on our website, which lists employment opportunities with the Commission. Be sure to check the site regularly for new opportunities and to apply online.

  • Disaggregated demographic data page

We recently added a new webpage with key information about our disaggregated demographic data collection. On this page, we provide an overview of why we collect this data, how we plan to use it, and how we keep it confidential and safe.

7. Confidential Inquiry Line menu options

On June 12, 2024, the Commission launched new telephone menu options for our Confidential Inquiry Line. This assists callers in identifying the reason for their call to respond accurately and efficiently. Callers can now choose from the following options:

  • Speak to a human rights officer
  • Request a complaint form
  • Check a complaint status
  • Update contact information
  • Calling from a correctional institution
  • Information about the Commission and our services

The menu options guide callers on what information the Commission requires to return their inquiry, such as their name and its spelling, their telephone number, and the reason for their call.

8. Human Rights in the Workplace workshop

Join one of the Alberta Human Rights Commission’s public workshops to learn more about Alberta’s human rights legislation, concepts like the duty to accommodate, and strategies for preventing and dealing with discrimination.

Check our website for the full list of upcoming workshop dates and for information on how to register.

9. King’s Counsel designation

Cynthia Dickins, Member of the Commission, wearing a black court robe, stands on the left side of the room and slightly facing the audience during the ceremony honouring the King’s Counsel recipients.
Pictured: Cynthia Dickins, Member of the Commission, attending the ceremony honouring the 2024 King’s Counsel recipients on June 5, 2024 in Edmonton

We are proud to share that Kathryn Oviatt, Chief of the Commission and Tribunals, alongside Members of the Commission, Duncan Marsden and Cynthia Dickins, received the honorary title of King’s Council (KC) in recognition of their exceptional contributions to the legal community. Congratulations to Ms. Oviatt, Mr. Marsden, and Ms. Dickins on this well-deserved honour!

10. The Commission and the community

  • On April 17, 2024, the Commission participated in the Bow Valley Workplace Inclusion Charter (WIC) Forum in Banff. The Commission was a founding supporter of this initiative and has witnessed its growth over many years.
  • On April 18-19, 2024, the Commission hosted an information table at the Alberta Teachers’ Association (ATA) Diversity, Equity, and Human Rights Conference, sharing key resources and information with attendees and answering questions on how the Act protects 2SLGBTQ+ youth and teachers, recognizing significant dates in schools, and how to advance equity, diversity, and inclusion in the education system.
  • On May 2, 2024, Kathryn Oviatt, Chief of the Commission and Tribunals, moderated a session entitled “Ask a Labour Lawyer” at the Annual Labour Law Review Conference. Alberta unions and employers discussed new developments in labour law and their impacts on unionized workplaces, which included discussions on accommodation and human rights in the workplace.
  • On May 15-16, 2024, the Commission attended the Alberta Council of Disability Services’ Impact 2024 Conference. The event was an opportunity to collectively learn from an engaging and inspiring program aimed at strengthening the impact of disability-serving organizations to support the individuals they serve. The Commission shared information about human rights protections for persons with disabilities.
  • On May 16, 2024, Kathryn Oviatt spoke at the Canadian Association of Counsel to Employers: A Potpourri of Hot Topics in Human Rights. Ms. Oviatt discussed updates on the Commission’s complaint process at the Director and Tribunal stages, developing law around concurrent jurisdiction with collective bargaining grievance procedures, and trends in damages awarded by the Tribunal.
  • On May 17, 2024, Kathryn Oviatt spoke at the Canadian Bar Association’s Alternative Dispute Resolution Online Symposium: Administrative Tribunals. Oviatt shared information on dispute resolution at Canadian administrative tribunals, including the effectiveness of mediation as a resolution tool in administrative law processes for timely and effective access to justice.
  • On May 25, 2024, the Commission was represented at the African Liberation Day in Fort McMurray. The Commission participated in discussions about racial equity and systemic discrimination in Canada and beyond. A teach-in was followed by an engaged inter-generational discussion about racism and discrimination.
  • On May 28-30, 2024, the Commission attended the NiGiNan Housing Ventures symposium on Indigenous-led housing initiatives in Edmonton. The strategies and tools used by Indigenous-led organizations across the country were shared and discussed at the event.
  • On May 29, 2024, Caitlin Downie, Policy and Program Consultant, spoke at the Post-Secondary Accessibility and Disability Resource Association (PADRA) Annual General Meeting on the role of the Commission in education and prevention.
  • On May 31, 2024, the Commission attended the 2 Spirit Society’s annual two-spirit powwow in Edmonton.
  • On June 1, 2024, the Commission attended the Pride YMM Opening Ceremonies for the Pride Month in Fort McMurray to celebrate and recognize the Pride community.
  • On June 3-4, 2024, Kathryn Oviatt and Melissa Luhtanen, Senior Legal Counsel to the Chief, attended the 2024 National Human Rights Tribunal Forum. Ms. Oviatt presented on strategies for supporting self-represented parties through the Tribunal process. They also attended the National Administrative Law Week in Ottawa, which was organized jointly by the Canadian Institute for the Administration of Justice (CIAJ) and the Council of Canadian Administrative Tribunals (CCAT). The event offered a variety of activities on topical administrative law issues.
  • On June 17, 2024, Anne Clennett, Director of Communication, Education and Engagement, and Zahra Ismail, Manager of Public Information and Education, attended StopHateAB’s UN International Day for Countering Hate Speech event. This event screened the “To Be Heard” documentary and offered a panel discussion on addressing hate in Alberta.

Other news

1. 2023-24 Human Rights and Multiculturalism scholarship recipients

The Alberta Award for the Study of Canadian Human Rights and Multiculturalism encourages graduate studies that will create value for Albertans by promoting informed thinking about Canadian human rights, cultural diversity, and multiculturalism. The Human Rights Education and Multiculturalism Fund made this award possible.

The 2023-24 recipients are Arielle Perrotta for the doctoral-level award and Hawra Al-Khaz’aly for the master's-level Pardeep Singh Gundara Memorial Scholarship.

Arielle’s research will examine strategies to address the ways in which colonialism, sexism, and discrimination continue to impact Indigenous maternal health. In Alberta, Indigenous women experience higher rates of adverse birth outcomes. This research will look at the barriers, challenges, and successes of Indigenous maternal health and the patient-provider maternal health experiences of Indigenous maternity care in Calgary, Alberta. The findings will be used to advocate for Indigenous midwifery and birth rights and safety. They will also support Indigenous-led and culturally appropriate maternal health programs as tools of intervention, ultimately improving maternal-child health in urban, rural, and remote communities.

Hawra’s research will focus on protective and risk factors in the link between trauma exposure and PTSD in Canadian refugees. This research aims to help increase understanding of the mechanisms driving this relationship and support the mental health of trauma-exposed refugees. It will explore whether racial discrimination is a risk factor and if social support is a protective factor in the relationship between trauma exposure and PTSD symptoms among refugees in Alberta. It will fill critical gaps in refugee literature, inform practitioners on the mental health needs of refugees, and inform Canadian healthcare systems, including needed investments for refugees.

Read more about this Award and previous recipients.

Human rights upcoming dates

Throughout the year, the Alberta Human Rights Commission acknowledges significant dates related to human rights and diversity. To get involved or find an event near you, visit our events and significant dates page.

  • June: Pride Month
  • June: National Indigenous History Month
  • June 18: International Day for Countering Hate Speech
  • June 20: World Refugee Day
  • June 27: Multiculturalism Day
  • July 30: World Day against Trafficking in Persons
  • August 5: Alberta Heritage Day
  • August 9: International Day of the World’s Indigenous Peoples
  • August 22: International Day Commemorating the Victims of Acts of Violence Based on Religion or Belief
  • September 18: International Equal Pay Day
  • September 30: National Day for Truth and Reconciliation