Freedom to speak in the public interest v terms of settlement agreements: per Justice Gareau " Section 137.1 of the Courts of Justice Act is a relatively new provision. It received Royal Assent on November 3, 2015 and applies to any proceedings commenced after December 1, 2014. Given the legislation’s recent passage, this court is offered little jurisprudential assistance with respect to the interpretation and application of the provisions of Section 137.1. I was surprised to find this legislation buried in the Courts of Justice Act given the substantive nature of its provisions and the significance of the remedies provided in it. "
The primary issue on this appeal is whether the defence of absolute privilege applies to statements made by municipal councillors during the course of a municipal council meeting.
A prohibition of any representation that "ridicules, belittles or otherwise affronts the dignity of" any person or class of persons on the basis of a prohibited ground is not a reasonable limit on freedom of religion. Those words are constitutionally invalid and are severed from the statutory provision. The Appeal is allowed, the decision of the Tribunal is reinstated
In the matter of the Alberta Human Rights and Multiculturalism Act: Alberta has the lawful authority to regulate discriminatory expression when such expression has effects falling within subject matters over which the province has legislative jurisdiction granted by s. 92 & s. 93 of the Constitution Act, 1867.18