Alberta Law Review (ALR)
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Recent Regulatory and Legislative Developments of Interest to Oil and Gas Lawyers
Get PDFThis article examines recent regulatory and legislative developments relevant to oil and gas lawyers. Regulatory decisions ofthefederal National Energy Board and the Alberta Energy and Utilities Board receive particularfocus, as well as legislative developments in British Columbia and Saskatchewan. The article concludes with a discussion of recent guidelines, policies and directives
On the Legitimacy of Cross-Border Pharmacy
Get PDFCross-border pharmacy sales of prescription drugs to U.S. patients by Canadian Internet pharmacies have generated significant controversy in the U.S. and Canada. Violative of U.S. legislation and Canadian professional codes of conduct, cross-border pharmacy has nonetheless flourished in response to strong demand and incomplete enforcement. Proponents laud the greater affordability of needed drugs provided by cross-border pharmacy; opponents decry the practice as unsafe, economically ill-advised and harmful to Canadian interests in the long term.
This article evaluates the safety arguments that have been put forward by the U.S. Food and Drug Administration and others and concludes that they do not justify a prohibition on prescription drug imports from Canada. Similarly. Canadian professional regulatory bodies\u27 objections to the participation of Canadian pharmacists and physicians in cross-border dispensing are a misapplication of conduct rules developed in another context. Objections to cross-border drug sates based on an economic analysis assume normative positions that should be explicitly identified and socially determined. On the other hand, if patient safety, professional responsibility and economic arguments fail to provide adequate support for a policy of prohibition, then self-interest in protecting domestic drug supplies and prices may support, at least from a Canadian perspective, some constraints on cross-border pharmacy
Alberta\u27s Energy and Utilities Board and the Constitution of Canada
No full textThe author explores the jurisdictional ability of an administrative tribunal — specifically, the Alberta Energy and Utilities Board (EUB) — to decide constitutional matters. She focuses particularly on tribunal decisions relating to Charter rights and Aboriginal or treaty rights (s. 35(1)) and examines the recent decisions of Martin and Paul from the Supreme Court of Canada. The author concludes that for questions of law, the EUB has not only the option but the duty to consider constitutional questions
The Origins, Early History and Evolution of the English Criminal Trial Jury
Get PDFThis article presents an historical account of the English criminal trial jury from its birth in the thirteenth century, as a largely self-informing institution that replaced the ordeals, to the nineteenth century, where the passivity of the modern trial jury became firmly established as a result of the influence of legal counsel and the development of the adversarial criminal trial. The expansive timeline that is assessed reveals that public distrust of the motives and competency of jurors is a recurrent theme and not simply a modern phenomenon. However, the historical evidence suggests that criminal trial jurors tended not to suffer from the deficiencies attributed to them by some commentators. Because the jury has undergone significant transformations in the past and survived, modern day proponents of the criminal trial jury could argue that it is capable of continuing to accommodate significant changes to the practices that govern its conduct. For those inclined towards the reform of the English criminal trial jury, some of the features noted by the author that have been discarded over time may be considered deserving of revival
What Is a Crime? Defining Criminal Conduct in Contemporary Society, Law Commission of Canada, ed.
Get PDFAn Empirical Study of Terrorism Prosecutions in Canada: Elucidating the Elements of the Offences
No full textIt has now been over 15 years since Canada enacted the Anti-Terrorism Act, codifying what we think of today as Canada’s anti-terrorism criminal laws. The authors set out to canvass how these provisions have been judicially interpreted since their inception through an empirical analysis of court decisions. After exploring how courts have settled initial concerns about these provisions with respect to religious and expressive freedoms, the authors suggest that courts’ interpretations of Canada’s terrorism offences still leave us with many questions, particularly with respect to the facilitation and financing offences. The authors explore these questions and speculate about future challenges that may or may not be successful with the hopes of providing guidance to prosecutors and defence lawyers working in this area
The Judicial Diplomacy of the Supreme Court of Canada and its Impact: An Empirical Overview
No full textCourts and judges across the globe, including the Supreme Court of Canada, are actively engaged in a metaphorical “dialogue” through the exchange of their judicial decisions. Is it the only type of communication happening among courts and judges? This empirical study, centred on interviews with ten current and former justices of the Supreme Court and nonpublic archival documents, shows that courts have established regular bilateral relationships with foreign counterparts, participate in multilateral transnational judicial associations and organizations, and have occasional contacts with other foreign courts, which I call “judicial diplomacy.”
In addition to these institutional court-to-court relationships, the transnational judicial conversation occurs also between individual justices. Judges play a key role in such transnational conversations and exchanges. This article reveals that former and current justices of the Supreme Court interact with foreign and international judges not only within official meetings of the Supreme Court, or as part of the Supreme Court’s delegation, but also individually through several mechanisms.
The bilateral or multilateral foreign relationships of the Supreme Court, whether as an institution or through individual justices, should not be considered informal or unimportant as they have demonstrable effects. It is through these meetings that they exchange views on their decisions and generate substantive, procedural, and court management ideas, often turning these ideas into action, such as establishing global and regional judicial networks, judicial training institutions, or electronic networks. Ultimately, the data of this research demonstrates that this dialogue with foreign counterparts also have a broader impact on Canada’s global reputation and foreign policy
Ag-Gag Laws, Animal Rights Activism, and the Constitution: What is Protected Speech?
No full textThis article examines the constitutionality of ag-gag legislation that has recently been adopted by two Canadian provinces and is on the horizon in others. Ag-gag legislation prohibits activities such as trespass onto agricultural animal operations, gaining entry onto agriculture operations using false pretences, and interfering with the transport of farmed animals to slaughter. The analysis draws on case law and literature interpreting section 2(b) of the Canadian Charter of Rights and Freedoms and engages with scholarship related to animal rights activism, American ag-gag legislation, and feminist animal studies to argue that ag-gag laws violate the fundamental freedoms protected by the Charter. The article contends that Canadian ag-gag legislation prevents the communication of messages related to seeking truth, participation in the political system, and individual human flourishing, which limits freedom of expression
Depriving Law Reform of its Potential? New Perspectives on the Public-Private Divide, Law Commission of Canada, ed.
Get PDFInternational Royalties on the Extended Continental Shelf: Implications for Canada, Newfoundland, and Equinor
No full textCanada’s international obligations under Article 82 of the United Nations Convention on the Law of the Sea impose domestic responsibilities to determine which party is to absorb the royalty payments owed to the International Seabed Authority. Currently, uncertainty exists in the royalty regime for projects within Canada’s 200 nautical mile limit waters, with multiple disputes arising between parties to sophisticated contracts. Given the comparatively ambiguous Article 82 language, it is important for Canada, Newfoundland and Labrador, and project proponents to come to a clear conclusion as to who will pay the international royalties. This raises the normative questions of which party should ultimately be paying these royalties, and whether Canada should be shifting its obligations to another party