Kurt J. W. Sandstrom

The appellants challenged amendments to Alberta's Local Authorities Election Act that restricted school employees from running for election as school trustees anywhere in the province unless they took a leave of absence and resigned if elected.

They argued the amendments violated their freedom of expression under s. 2(b) and equality rights under s. 15(1) of the Charter.

The Supreme Court of Canada dismissed the appeal, holding that the claim under s. 2(b) was for a positive right to a statutory platform, which did not meet the exceptional criteria set out in Dunmore.

The Court also found no s. 15(1) violation, as occupational status is not an analogous ground.

The applicants sought a stay of an Alberta Court of Appeal judgment that upheld legislation disqualifying school board employees from serving as school trustees.

The applicants, who were sitting trustees, applied for a stay pending their application for leave to appeal to the Supreme Court of Canada.

A single judge of the Supreme Court granted the stay on an exemption basis, allowing the currently sitting trustees to complete their terms or remain in office until the appeal is decided, finding that the RJR-MacDonald test was met and the government consented to the stay to preserve electoral integrity.