Tuesday, March 28, 2017

Questioning prep is essentially a matter of asking yourself questions like the Good Samaritan Society lawyer will ask. It will then lead to the court case which is right now a mysterious black hole. The only court case I have been to is Ruth Adria's case for the age discrimination business and it was mundane business as the government of Alberta at the last moment didn't contest the business. Maybe I will begin to attend some lawsuits to find out how they work. It will be good to see the justice system throughout the case rather than the anti-climax of the Age Discrimination Case. Here is the age discrimination case with pictures of Ruth Adria and Mr. Garber. Mr. Garber is also representing me in the lawsuit of the Good Samaritan Society against Julie Ali (stay at home mummy).

#FollowingRuthAdria--When you are being sued, you need to find someone who has been through this junk before. Luckily Ruth Adria has been sued so she knows what this is all about.
It's always a good thing to have a mentor when you are being pursued for participating in public discussions. Since we do not have anti-SLAPP legislation in Alberta we have to do the lawsuits and pay out of our own pockets. Government doesn't bother to protect citizens because the government isn't interested in advocates (they consider us pesky gadflies).
 We're actually not gadflies. We are the people who work very hard for free and even at great cost to stand up for our families. This is what I am doing. I am standing up for my handicapped sister--Rebecca.


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Julie Ali added 2 new photos — feeling happy.
Just now
Bits of snow are clinging for dear life to the sides of grassy humps near my community. Soon it will be impossible to find any traces of winter left.
Outside the geese are stripping the marsh of the previous tenants and making homes. Soon the goslings will tipsy topsy around with their parents beaking any imposters away. The red winged blackbirds will ring their bells and then fill the evenings with rejoicing but why I can't say. Surely marriage and fertility rites aren't the only reason for their felicity?
The geraniums inside the house are tottering under great green handfuls of flowers. All the past few months of sterile existence are over as the sun beats on their backs for more assembly line production of buds, blooms and seeds. I will soon be able to take cuttings from the cuttings but I am reluctant to do this before Questioning is over because this might bring bad luck to the germination of new progeny.
Questioning prep is essentially a matter of asking yourself questions like the Good Samaritan Society lawyer will ask. It will then lead to the court case which is right now a mysterious black hole. The only court case I have been to is Ruth Adria's case for the age discrimination business and it was mundane business as the government of Alberta at the last moment didn't contest the business.
Maybe I will begin to attend some lawsuits to find out how they work. It will be good to see the justice system throughout the case rather than the anti-climax of the Age Discrimination Case.
Here is the age discrimination case with pictures of Ruth Adria and Mr. Garber. Mr. Garber is also representing me in the lawsuit of the Good Samaritan Society against Julie Ali (stay at home mummy).
http://www.cbc.ca/…/edmo…/age-human-rights-alberta-1.3925515
Ageism to become discrimination in Alberta for first time
'We can now join the rest of Canada'
CBC News Posted: Jan 06, 2017 5:18 PM MT Last Updated: Jan 08, 2017 8:41 AM MT
COMMISSION NEWS
1. Consent Order granted by the Court of Queen’s Bench reads the protected ground of “age” into sections 4 and 5 of the Alberta Human Rights Act: A Court application, pursuant to the equality provisions of the Canadian Charter of Rights and Freedoms, was brought by Ruth Adria of Elder Advocates against the Alberta Government on January 6, 2017. In the application, Adria alleged that with the omission of “age” as a protected ground under sections 4 and 5 of the Alberta Human Rights Act, certain rights of seniors in Alberta were not protected. Section 4 and 5 of the Act state:
Discrimination re goods, services, accommodation, facilities
4 No person shall
(a) deny to any person or class of persons any goods, services,
accommodation or facilities that are customarily available to
the public, or
(b) discriminate against any person or class of persons with
respect to any goods, services, accommodation or facilities
that are customarily available to the public,
because of the race, religious beliefs, colour, gender, gender
identity, gender expression, physical disability, mental disability,
ancestry, place of origin, marital status, source of income, family
status or sexual orientation of that person or class of persons or of
any other person or class of persons.
Discrimination re tenancy
5 No person shall
(a) deny to any person or class of persons the right to occupy as a tenant any commercial unit or self-contained dwelling unit that is advertised or otherwise in any way represented as being available for occupancy by a tenant, or
(b) discriminate against any person or class of persons with
respect to any term or condition of the tenancy of any
commercial unit or self-contained dwelling unit,
because of the race, religious beliefs, colour, gender, gender
identity, gender expression, physical disability, mental disability,ancestry, place of origin, marital status, source of income, family status or sexual orientation of that person or class of persons or of any other person or class of persons.
Alberta Justice consented to the application, but requested a 12 month reprieve to allow the government time to change the legislation. The Court granted the 12 month time frame as part of the Consent Order. In following the direction of the Court, the Commission will not accept complaints on the ground of age under sections 4 and 5 until such time as the legislation is amended or January 6, 2018, whichever occurs first.
Alberta human rights protection to be fully extended to age discrimination
Canadian Employment News Series
Employment Update
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 14 MAR 2017
By:
Malinda Yuen
On January 6, 2017, the Court of Queen’s Bench of Alberta granted an Application to include age as a protected ground under sections 4 and 5 of the Alberta Human Rights Act (the “Act”).
Under the current Act, discrimination is prohibited in employment applications and practices (sections 7 and 8), but protection against age discrimination was noticeably missing from prohibitions against discrimination in respect of goods, services, accommodations and tenancies as provided in sections 4 and 5 of the Act. Every other jurisdiction in Canada already extends these protections.
By Originating Notice of Motion filed early in 2016, advocate Ruth Maria Adria and the Elder Advocates of Alberta Society sought an Order declaring that these omissions violated section 15 of the Canadian Charter of Rights and Freedoms by depriving senior citizens of their right to equal protection and equal benefit of the law without discrimination. The Society asked the court to read-in the word “age” into sections 4 and 5 of the Act. This essentially follows the argument and remedy accepted by the Supreme Court of Canada in Vriend v. Alberta, [1998] 1 S.C.R. 493, in which the applicant argued that the omission from the Act of sexual orientation as a protected ground violated the applicant’s Charter rights. In other words, it is not open to provinces to exclude human rights protections to certain groups that are protected under the Charter (excepting ameliorative provisions).
The Province of Alberta did not oppose the Application, but even without opposition, the application took nearly a year to be heard.
Although it did not oppose the Application, the Province asked the Court for a 12-month delay for the declaration to come into effect. Justice Paul Belzil granted the declaration requested by Ms. Adria. However, he also granted the Province’s request for a 12-month delay in order to allow the Province to work out certain exemptions before the change becomes law. It is certain that exemptions will include selling alcohol or cigarettes to minors as is the case in other jurisdictions, but it is not yet clear what other exemptions are under consideration.
The Alberta Human Rights Commission has confirmed that it will not accept complaints on the ground of age under sections 4 and 5 until such time as the Act is amended or January 6, 2018, whichever occurs first.
It is the Elder Advocates of Alberta Society’s intention to challenge driving laws relating to seniors, amongst other things, pursuant to the upcoming change in the Act. Although the Application was brought by the Elder Advocates group, this ruling will affect the rights of young people and families as well, perhaps most obviously in adult-only accommodations and services.

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http://www.cbc.ca/news/canada/edmonton/age-human-rights-alberta-1.3925515

Ageism to become discrimination in Alberta for first time

'We can now join the rest of Canada'

CBC News Posted: Jan 06, 2017 5:18 PM MT Last Updated: Jan 08, 2017 8:41 AM MT
Seniors' advocate Ruth Adria intends to use the Alberta Human Rights Act to fight for seniors rights once age is added as a prohibited ground for discrimination.
Seniors' advocate Ruth Adria intends to use the Alberta Human Rights Act to fight for seniors rights once age is added as a prohibited ground for discrimination. (CBC)
Age will soon be included as a prohibited ground of discrimination under the Alberta Human Rights Act.
An application to include age as a discriminating factor was granted at a hearing in Edmonton Court of Queen's Bench Friday after it was unopposed by the province.
"We can now join the rest of Canada," said lawyer Allan Garber as he left the court with seniors' advocate Ruth Adria.
While the preamble to the act proclaims all people are "equal in dignity, rights and responsibilities with regard to" many qualities including age, age is not included as a prohibited ground of discrimination in respect to goods and services or tenancies, Adria's application said.
Alberta Human Rights Act
An excerpt from the Alberta Human Rights Act showing that age is not included in the grounds for discrimination under section four of the act. (CBC)
Garber said he was surprised the Alberta government did not oppose the application but said he had no doubt the application would be granted.
Age as grounds for discrimination has been an issue in Alberta ever since the Alberta Human Rights Commission was formed in 1972, Garber said.
In 1984, the Human Rights Review Panel recommended age be included in the act but the province chose not to do so, he said.
In 2008, Adria wrote to the government asking age be included, but again the province refused, he said.

'Their rights are violated'

"Over half a million Alberta citizens, their rights are violated under the Charter," said Adria, chair of the Elder Advocates of Alberta Society. "They do not have equal benefit of the law or protection of the law."
Adria said she will use the change to challenge "unfair or invalid" driving tests and other issues facing seniors.
In an email, Justice Minister Kathleen Ganley thanked Adria for raising the issue.
Allan Garber
'We can now join the rest of Canada,' says lawyer Allan Garber. (CBC)
"We look forward to taking steps to expand the areas in which Albertans are protected from age discrimination," she said.
While the application was granted, Justice Paul Belzil gave the province one year to work out certain exemptions before the change becomes law.
Human rights acts in other provinces include necessary exemptions for such things as life insurance, where older people can be charged more, and senior residences which are permitted to exclude people based on age.
Garber said he and Adria will be watching closely to ensure the exemptions are "for the benefit of seniors and not to their detriment."

















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