Alberta Law Review (ALR)
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Alberta\u27s Electricity Regime Overhaul: Implications of the Current and Evolving Regulatory Environment for Power Generation
No full textAlberta is implementing its most significant electricity regulatory overhaul since 1996, responding to decarbonization, reliability, affordability, and rapid changes in the generation mix. This article explores the reforms in stringent land use, visual impact, andreclamation requirements for renewables, an overhaul of market design via the Restructured Energy Market, and new transmission planning and cost allocation frameworks. These changes generate investment uncertainty, particularly for renewables and power purchase agreements, but also create opportunities for data centres and storage developers. The transition from zero-congestion to optimal transmission planning, new market power mitigation, and cost causation principles have substantial commercial impacts. Uncertainty is expected to persist until the regulatory framework stabilizes
Regulatory Roulette: High Stakes and Unpredictable Outcomes for Alberta\u27s Energy Industry
No full textRecent geopolitical developments, in particular the evolving Canada-US trade relationship and the aftermath of the 2025 Canadian federal election, have created both challenges and opportunities for Canadian energy lawyers. This article critically examines the pervasive regulatory uncertainty facing Alberta’s energy sector, situating these challenges within both domestic and international contexts. Conventional oil and gas, potash, carbon capture and storage, liquified natural gas, and battery storage are sub-sector case studies that highlight the unique regulatory hurdles and opportunities in the industry. This article analyzes each area in turn and concludes by offering practical strategies for legal practitioners and industry participants to manage risk and adapt to ongoing change
Environmental Contracting, Gender Assessment, and Indigenous Women in Canada: A Methodology for Benefit Agreements
Full text linkThis article introduces a gendered methodology for analyzing environmental clauses in benefit agreements between Indigenous peoples and proponents, and makes recommendations for legal practice. Although the scholarship acknowledges that resource development affects Indigenous women differently than men, there has been inadequate focus on the gendered impacts of benefit agreements to date. Drawing on feminist contract theory and Indigenous feminist impact assessment, the author advocates incorporating gender into contract practice and suggests terms that emphasize women in data collection and analysis for community-based monitoring. Additionally, to bridge the gap between agreement terms and actual outcomes, the author presents a methodology for incorporating gender into environmental clauses, addressing how women will: (1) initiate projects and establish objectives for data collection; (2) facilitate gender responsive data collection and monitoring; and (3) ensure meaningful participation in data analysis and decision-making
Recent Judicial Decisions of Interest to Energy Lawyers
Full text linkThis article summarizes recent judicial decisions of interest to energy lawyers. The authors review and comment on case law from the past year in several areas including Indigenous law, contractual interpretation, securities litigation, class actions, environmental law, intellectual property, insurance law, bankruptcy and insolvency, employment law, and arbitration. The authors discuss the practical implications of the decisions and risk management strategies that may be of benefit to participants in the energy industry. The authors also highlight cases to watch in 2026
Patent Litigation in the Energy Sector: Insights and Strategies from the Last Decade
Full text linkThe innovative oil, gas, and mining sectors consistently generate valuable intellectual property, especially in the form of patents. The value and prevalence of patents in the energy sector create the conditions for high-stakes patent infringement litigation, which is often a powerful tool for patentees and a precipitous risk for businesses. This article analyzes lessons from the past ten years of energy-related patent litigation, examining the volume of cases filed, the subject matter of the patents involved, how the cases were resolved, and the procedures followed to resolve each case. Through this analysis, key trends emerge. Considering these emerging trends, this article highlights how energy companies can develop practical and proactive strategies to protect their intellectual property, mitigate litigation risks, and navigate the complexities of patent litigation in critical energy sectors
Redwater\u27s Continuing Impact on Canada\u27s Energy Sector
No full textIn 2019, the Supreme Court of Canada rendered its decision in Orphan Well Association v. Grant Thornton Ltd. (Redwater), ruling that environmental reclamation obligations were not claims provable in bankruptcy. This allowed the Alberta Energy Regulator (AER) to assert its claims outside the bankruptcy scheme, giving it priority over secured creditors and destabilizing Canada\u27s energy and lending sectors. The decision disrupted commercial certainty as lenders struggled to recover loans from insolvent oil and gas companies. Although the AER and subsequent case law attempted to address the fallout, these measures have not fully restored stability. This article argues that comprehensive legislative action is needed to clarify the legal framework and mitigate Redwater\u27s impact on the industry
A Legion of Misshapen Cogs: Pseudolaw in Canadian Criminal Proceedings and Amicus Requirements
Full text linkThis article is the first substantive investigation of Organized Pseudolegal Commercial Argument (OPCA) or pseudolaw concepts in Canadian criminal litigation. The 575 reported Canadian court and tribunal decisions that involve pseudolaw in criminal proceedings provide insight into how pseudolaw manifests within criminal proceedings, revealing: the frequency and proportions of criminal pseudolaw litigation, typical pseudolaw “get-out-of-jail-free” strategies, and the types of charges laid against oft self-represented pseudolaw accused and offenders.
Next, this article examines judicial responses to pseudolaw in criminal proceedings following the 2023 Supreme Court of Canada R. v. Kahsai judgment that guides when and how courts must assist a self-represented accused or offender, particularly by appointment of an amicus curiae. Interestingly, R. v. Kahsai does not address Canadian OPCA “institutional disruptor” litigants. To the degree R. v. Kahsai can be applied, a court-appointed amicus curiae appears mandatory once pseudolaw strategies have manifested and are identified by the Crown or court itself