ALBERTA PANEL RULES AGAINST PROVINCIAL ATTORNEY GENERAL

A human rights panel in Alberta rejected a motion by the provincial Attorney General to exclude any discussion of the Charter from its deliberations. In a case concerning hate speech, the panel was required to consider whether a homophobic letter to a newspaper editor violated Alberta's human rights law. Citing a regulation that prohibits the panel from ruling on certain constitutional matters, the Attorney General filed a special motion seeking to exclude any discussion of Charter values in interpreting the Act.

Intervening before the panel, CCLA Special Counsel Josh Paterson, of the Fiorillo Glavin Gordon law firm, together with Patrick Xavier, formerly of CCLA, argued that even if the panel were prohibited from striking down legislation for Charter violations, it is not restricted from considering Charter values in its interpretation of the law. The panel agreed.