Alberta Law Review (ALR)
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Autonomy and Beneficence in Assisted Dying in Canada: The Eligibility of Mature Minors
Get PDFIn Carter v. Canada (Attorney General), the Supreme Court of Canada legalized physicianassisted dying. Responding to this decision, Parliament passed Bill C-14, which provides that adults who suffer intolerably from a terminal medical condition may seek assistance to end their lives. Notably, the legislation does not grant access to mature minors. This article considers whether access should be granted, examining the Canadian assisted dying framework, situations of minors who might seek assisted dying, the law concerning mature minor consent to medical treatment, and other jurisdictions that grant access to mature minors. It argues that the ethical principles of autonomy and beneficence that underlie the Carter decision should be used to determine whether mature minors should have access to physician-assisted dying
Life Among the Ruins: Section 91(24) After Tsilhqot\u27in and Grassy Narrows
Get PDFIn two landmark 2014 decisions — Tsilhqot’in and Grassy Narrows — the Supreme Court of Canada held that section 35 of the Constitution Act, 1982, is all that protects existing Aboriginal and treaty rights from federal or provincial infringement: that such rights derive no additional protection from the doctrine of interjurisdictional immunity. This article examines that conclusion by criticizing the reasoning offered in its support, pointing out its unacknowledged doctrinal implications, and inviting a broader conversation about how the law should address them
Aligning Energy Development with the Interests of Aboriginal Peoples in Canada
Get PDFCanada’s economic future is dependent upon energy and natural resource development, and has therefore become inextricably linked to the rights and interests of Canada’s Aboriginal peoples. These rights and interests include the desire to continue with their traditional ways of livelihood, to protect their many cultures and the environment, the need to foster healthy and thriving communities, and the opportunity to participate in and benefit from development on their traditional lands. In Canada, the rights of Aboriginal people are constitutionally protected. However, despite considerable advancements in domestic law on consultation and accommodation, growing unrest and dissatisfaction among Canada’s Aboriginal peoples prevails.Significant progress in international human rights law and international norms lend support to Indigenous aspirations and are creating pressure on energy and natural resource developers to embrace change and move beyond the consultation requirements under domestic law to obtaining the consent of Aboriginal communities to development on their traditional lands. This article posits that the willingness of Aboriginal communities to constructively engage with industry and consent to natural resource and energy development on their traditional lands can be facilitated by aligning the interests of the affected Aboriginal communities with those of project proponents through the proactive creation of thoughtful and innovative commercial relationships. These relationships can be structured to create value for the proponent while providing meaningful economic participation for the affected Aboriginal community by utilizing a combination of passive resource revenues, employment and procurement opportunities and direct equity participation in the development
The National Energy Board: Regulation of Access to Oil Pipelines
Get PDFIn the past few years, a number of long-distance oil pipelines have been proposed in Canada — Northern Gateway, the Trans Mountain Expansion, Keystone, and the Energy East Project. This article describes the criteria used by the National Energy Board in approving the allocation of capacity in oil pipelines to firm service contracts while requiring that a reasonable percentage of capacity is allocated for uncommitted volumes (common carriage). It explains the economic theory related to regulation of access to major oil pipelines. It reviews and analyzes relevant NEB decisions, which show that the NEB supports well-functioning competitive markets, but will exercise its discretion to resolve complaints where markets are not functioning properly. The article also explains the economic significance of the proposed long-distance oil pipelines to Canada and Alberta despite the current low price of crude oil. The article concludes with recommendations for a written NEB policy regarding access to capacity in oil pipelines
Theorizing the Institutional Tortfeasor
Get PDFInstitutions are entities (rather than collections of individuals), with distinct characters andidentities that are most aptly explained in terms of institutional culture. The perceptions andactions of individuals embedded in a particular institutional culture are, to a significantextent, caused by that culture. This understanding of the relationship between institutionalculture and institutional actors has been incisively theorized in other disciplines, but isvirtually absent from tort law. As institutions have become increasingly important playersin social life, in comparison with individuals acting qua individuals, the absence of a robusttheory of the institutional tortfeasor has marginalized tort law and will continue to doso. Coherent theorization of an institutional tortfeasor requires the translation of ideasabout organizational culture and identity into the language of tort doctrine
Sole Risk Provisions in Joint Operating Agreements for Unconventional Oil and Gas Development
Get PDFThis article discusses independent operations in the context of unconventional oil and gas resources. It considers how the Canadian Association of Petroleum Landmen (CAPL) and the Association of International Petroleum Negotiators (AIPN) have reacted to this. It provides a detailed analysis of the differences between the 2015 CAPL Operating Procedures and the 2014 AIPN Unconventional Resources Operating Agreement. Particular focus is given to permissible independent operations under each agreement, the timing of those independent operations, and the penalties given to a non-participating party. The article concludes by discussing the importance of drafting customized sole risk provisions in some situations, given that unconventional resource development often varies from project to project
Showing Remorse: Law and the Social Control of Emotion , Richard Weisman (Burlington, VA: Ashgate, 2014)
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Multi-Party Disputes: Equities Between Concurrent Tortfeasors
Get PDFA several concurrent tortfeasor that satisfies a plaintiff’s entire damage under liability in solidum will pay more than their fair share of the plaintiff’s loss. Apportionment legislation attempts to remedy this injustice through contribution and indemnity from other concurrent tortfeasors. However, the unsatisfactory wording of apportionment statutes offers no clear direction on who is entitled to contribution and against whom such a claim can be made. In practice, this can result in unfairness to the paying tortfeasor. This article explores some of the issues arising from joint liability of concurrent tortfeasors and proposes three main areas of reform to ensure fairness between concurrent tortfeasors liable for the same damage
Rethinking Privacy: Exclusivity, Private Relation and Tort Law
Get PDFReferencing recent decisions in the high courts of England. Australia and Sew Zealand that have recognized a right to privacy as a protected interest in tort law. the author examines whether the extension of tort law \u27s protection to "privacy" can be justified. This inquiry focuses on tort law\u27s fundamental norms by examining whether the interest can he rationalized with a conception of liability for interference with a person\u27s rights in his or herexternal things or in his or her own bodily integrity. The author ultimately discerns and assesses too possible justifications: first, protecting the plaintiffs interest in his or her privacy where it represents a resourcefrom which the plaintiff has excluded the defendant; andsecond, upholding the dignity of persons
Regulating Hydraulic Fracturing: Regulatory Recourse for Subsurface Communication
Get PDFThis article provides an overview of the legal framework for the regulation of hydraulic fracturing in Alberta and examines the potential regulatory options and liability for subsurface reservoir communication caused by hydraulic fracturing activities. Specifically, this article examines the jurisdiction of the Alberta Energy Regulator (AER or the Board) to: (1) order that operations be shut-in or suspended due to subsurface reservoir communication; (2) impose obligations on industry to provide notification of hydraulic fracturing activities, including subsurface reservoir communication; (3) order mandatory commingling orders; (4) encourage production sharing agreements; and (5) impose testing, monitoring, production controls, and reporting obligations.With the widespread use of multistage horizontal hydraulic fracturing, disputes related to subsurface communication will continue to be raised with the AER and in the courts. Thus far, the AER has taken a risk management approach through monitoring and testing requirements. Generally, the AER has permitted development to occur by endorsing an approach which relies on the known and inevitable consequences of mining and recovering the minerals. This approach has been justified by the AER on the basis that any production of another party’s minerals does not result in irreparable harm. The harm or damage caused can be identified, quantified, and compensation paid