Alberta Law Review (ALR)
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Who Controls the Past Now Controls the Future: Counter-Terrorism, Data Mining and Privacy
Get PDFRecent world events have created international security concerns and a demand for counter-terrorist measures. Information fuels counter-terrorism. "Data mining" has been touted as a means for acquiring needed information. This article describes data mining, explores its social, political and personal risks, then assesses its impact on the Charter-protected right to privacy. The author proposes a framework for the constitutionally appropriate regulation of data mining. Data mining is portrayed as a potentially valuable counter-terrorism tool which must be governed responsibly, if its costs are not to exceed its benefits
The Presumption of Resulting Trust and Beneficiary Designations: What\u27s Intention Got to Do with It?
No full textWhen opening an RRSP or RRIF, investors typically designate a beneficiary. We expect that when making this choice, most investors intend that their designated beneficiary will indeed benefit from the investment on their death. If there is a dispute between the designated beneficiary and the investor’s estate, we further expect investors intend that their choice of beneficiary will prevail. Surprisingly, this is not the case in many provincial appellate courts, which in fact favour the estate in such disputes. More specifically, most Canadian courts apply the presumption of resulting trust to beneficiary designations: they assume, absent other evidence, that the designated beneficiary holds the proceeds of the RRSP or RRIF in trust for the deceased investor’s estate. Only Saskatchewan has taken a contrary position. The Alberta Court of Queen’s Bench in Morrison Estate (Re) recently weighed both options and endorsed the approach that applies the presumption of resulting trust.In this article, we analyze the doctrine of resulting trust, its rationale as presented by several leading cases, and empirical evidence evaluating the intentions of Canadian investors. We conclude that applying the presumption of resulting trust to beneficiary designations betrays both the theory and purpose of the presumption. It also runs counter to the intentions of most Canadians and creates uncertainties in millions of beneficiary designations. Finally, we present several solutions for bringing the law in line with the intentions of investors and, indeed, common sense
Opportunities for Public Participation in the Regulation of Hydraulic Fracturing Operations in Alberta
Get PDFAs the “anti-frack” movement gains momentum in society and the media, the oil and gas industry is faced with increasing demand for public participation and consultation in hydraulic fracturing operations. In Alberta, public participation has taken a number of forms, occurring during both the regulatory process and hydraulic fracturing operations themselves. This article analyzes the adequacy of these public participation opportunities by outlining the current opportunities for participation and the Alberta Court of Appeal’s rulings regarding the adequacy of notification and consultation. Ultimately, the article concludes that despite a number of new regulatory initiatives, opportunities for public participation in hydraulic fracturing operations have not increased. However, the article remains optimistic that changes can and should occur, increasing opportunities for public participation and improving the timing and quality of such consultation
Renewables In Alberta: New Policies, New Opportunities
Get PDFThis article explores Alberta’s new climate change strategy. The authors provide an overview of the evolution of Alberta’s regulatory model, point out criticisms of the pre-Notley regime, and evaluate the impact and effects of the new strategy. The new strategy is placed in context with federal climate change measures and analyzed in conjunction with lessons that can be learned from other jurisdictions
Tate & Lyle : Pure Economic Loss and the Modern Tort of Public Nuisance
Get PDFProfessor Lewis Klar criticizes the Canadian approach to the tort of public nuisance forbeing illogical and incoherent. The authors agree with Klar’s assessment of the current stateof public nuisance law, but argue that insights drawn from the House of Lords decision inTate & Lyle Industries Ltd. v. Greater London Council offer a way forward. Byconceptualizing the tort of public nuisance as a cause of action that protects subjects fromsuffering actual loss that is consequential on the violation of their passage and fishing rightsover public property, Tate & Lyle offers a coherent and restrained formulation of the tortof public nuisance. This article examines the Tate & Lyle approach to public nuisance andapplies it to two infamous Canadian public nuisance cases. It concludes that the coherent,logical approach to public nuisance articulated by the House of Lords in Tate & Lyle shouldbe readopted by Canadian courts
Patient Privacy in a Wired (and Wireless) World: Approaches to Consent in the Context of Electronic Health Records
Get PDFThe author reviews recent changes in legislation in Canada and abroad in the area of patient privacy. consent and electronic health records (EHRs). In her overview of Canadian legislation, she examines the existing patchwork of legal requirements, as well as ethical obligations governing health information and policy initiatives aimed at harmonizing approaches across Canada. Internationally, the United Kingdom and Australia are reviewed on how those jurisdictions are addressing the issue of protecting patient privacy while developing operable EHR schemes. The author concludes that as EHR schemes develop, stringency of privacy and consent protections will likely wane in favour of establishing workable systems and. as a consequence, appropriate security mechanisms should be implemented to safeguard personal information
Englander v. Telus: Protection of Privacy in the Private Sector Goes to the Federal Court of Appeal
Get PDFThese days, is there a topic more significant and provocative than the protection of privacy in the private sector? The importance of this topic has been highlighted since the Canadian Parliament adopted the Personal Information Protection and Electronic Documents Act which came into full force on 1 January 2004 and which is scheduled for review in 2006. Although it seems that everywhere we turn, the word "privacy" and its companion PIPEDA are at centre stage, many say that this attention is unwarranted and a knee-jerk reaction to the information age where one can run but cannot hide. Like it or not, we are subject to the prying eyes of cameras in public places, the tracking and trailing of Internet activities, the selling of address lists and other such listings, and the synthesizing by marketers of frightful amounts of personal information that, when pulled together, reveals a lot about our personal life, our ancestry, our relationships, our interests and our spending habits
Area of Mutual Interest Agreements and Canadian Competition Law Considerations
Get PDFArea of Mutual Interest Agreements (AMIAs) are a common feature within the Canadian oil and gas industry. These agreements are usually entered into for the purposes of sharing technical information between two or more parties. This article explores the implications of the various types of AMIAs in relation to the Competition Act. While there is essentially no applicable Canadian case law on the subject, this article examines the potential civil and criminal penalties that the Competition Act may impose. In addition to detailing the statutory landscape in Canada, this article looks at how this issue has unfolded in the United States
Timing of Canadian Project Approvals: A Survey of Major Projects
Get PDFThis article provides a detailed canvassing of the Canadian energy project approval process, beginning with an examination of the evolution of the project approval process in Canada and the current legal framework under the Canadian Environmental Assessment Act, 2012. The article then applies the framework to numerous major energy project approvals in Canada from 2010 to present day, and provides a comparative analysis to the project approval processes in both the United States and Australia in order to find possible solutions to the issues plaguing our current system. This article identifies and discusses current, practical issues and provides recommendations for how the project approval process in Canada can become more efficient for all those involved