CUTTING EDGE CASES

Here are some groundbreaking cases fought by Chivers Carpenter, or one of its incarnations, on behalf of workers over the last few decades:

Layoffs rescinded In 1982, a wage award of 36.5 per cent over three years is given to firefighters, attracting widespread criticism from politicians. The city issues layoff notices to 132 members of the firefighters’ union. An arbitrator rules the layoffs were intended to pressure all firefighters to refuse the wage increases, and the city is instructed to reinstate the laid off firefighters.

Legislation passed to protect first responders In 1984, a fire truck moving through an intersection on the way to an emergency hits a car, killing the driver. The fire truck driver is charged with various offences. The city refuses to fund the legal defence. Charges are dismissed at trial, and the trial judge notes the fault lay with the car driver. The law firm presents a submission to the legislature, resulting in legal amendments in 1986 to give emergency vehicles priority of passage.

Freedom of association recognized The Lougheed government removes the right to strike from certain public service employees, imposing harsh penalties and a highly restrictive arbitration process. The firm battles the move, and loses, at the Alberta Court of Appeal in the mid1980s, and then again, at the Supreme Court. In 2015, the top court reverses its position on the right to strike, with Justice Rosalie Abella quoting Barrie Chivers’ work in her written decision.

Human rights of gay people recognized Delwin Vriend is fired by Edmonton’s King’s University College for being gay. His fight is finally won at the Supreme Court in 1998 when the court ruled that provincial governments could not exclude individuals from human rights protection on the basis of sexual orientation.