Alberta Law Review (ALR)
Not a member yet
2493 research outputs found
Sort by
Materiality in Franchise Disclosure: An Analysis of How “Material Facts” Have Been Interpreted Under Other Legislation
Get PDFAs the information imbalance inherent to the franchisor-franchisee relationship can put a franchise purchaser at a significant disadvantage in a transaction, several Canadian provinces have implemented legislation aimed at resolving this disparity. The legislation attempts to strike a balance between empowering potential purchasers in their decision-making process and unduly burdening franchisors with an obligation to produce all information available, regardless of utility. Integral to the determination of what must and need not be disclosed to a franchisee prospect is the concept of materiality, specifically the statutory obligation to disclose “material facts” and “material changes.” While materiality is inherently contextual and thus cannot be precisely defined, without further guidance from the courts, franchisors will continue to grapple with the extent of disclosure necessary to conduct sound business transactions
Aboriginal Youth Overrepresentation in Canadian Correctional Services: Judicial and Non-Judicial Actors and Influence
Get PDFThe crisis of Aboriginal over-incarceration in Canada is one of the most well-documented features of our Criminal Justice System. This crisis is especially profound in the youth context. While the Youth Criminal Justice Act (YCJA) has reduced Canada’s overall youth incarceration rate in recent years, the relative proportion of detained Aboriginal youth has actually increased. This article explores Aboriginal youth overrepresentation in correctional services under the YCJA in an attempt to discern why it has been less effective at reducing custody rates for Aboriginal youth compared to their non-Aboriginal peers. This article suggests that the YCJA has failed to remedy Aboriginal youth overrepresentation because it has focused too heavily on sentencing principles and judicial discretion. It is argued that more attention must be paid to the earlier stages of the criminal justice process during which Police, Crown Attorneys, and Probation Officers exercise low-visibility discretion in ways that disproportionately circumscribe the eventual range of sentencing options available to Aboriginal youth offenders
The National Energy Board as Intermediary Between the Crown, Aboriginal Peoples, and Industry
Get PDFRecent Supreme Court of Canada decisions have forced the National Energy Board to reconsider its responsibilities with respect to Aboriginal peoples. This has impacted the Board\u27s ability to clearly articulate its policies and procedures, specifically in the area of consultation with Aboriginal peoples, as the legal standard for consultation seems to change from year to year and stakeholders on all sides of the regulatory process press the Board to interpret these legal requirements in a way that suits their interests best. This article outlines challenges facing the Board with respect to consultation with First Nations and identifies strategies through which it has attempted to address them. Specifically, it describes the Board\u27s policies on consultation and its administrative response to the MacKemie Valley pipeline regulatory review. The article assesses the viability of these strategies in light of challenges the Board is likely to face in the near future
You Don\u27t Know What You\u27ve Got \u27Til It\u27s Gone: The Rule of Law in Canada — Part II
No full textThis article is the second part of an article that was printed in the Alberta Law Review, Volume 52, Issue 3 at 689. In this part, the article explores how the rule of law has found expression in Canada. It defines the major elements and characteristics of the rule of law. It then goes on to explore how the different branches of government are affected and constrained by the rule of law. The role of the courts in upholding the rule of law is emphasized, as well as the importance of judicial independence
Collateral Benefits Revisited: A Case Comment on IBM Canada Limited v. Waterman
Get PDFNo abstract availabl
A Team Production Theory of Canadian Corporate Law
Get PDFThe article applies the Team Production Theorydeveloped by American corporate law scholars, Margaret Blair and Lynn Stout, to argue that Canadian corporate law\u27s understanding of public corporations that are not controlled by a single shareholder or group of shareholders reflects a director primacy norm rather than a shareholder primacy norm. Canadian corporate law provides that directors of such public corporations with widely-held share ownership and voting rights are free from direct control by any corporate stakeholders. A potential departing point for Canadian corporate law. the oppression remedy, continues to develop to deal with extra-legal advantages rooted primarily in unequal power relations among corporate stakeholders. However, in its current and predicted future applications, the oppression remedy does not provide any given stakeholder group with an ability to dominate the boards of public corporations and obviate the director primacy norm. The article suggests that because the director primacy norm accurately describes Canadian corporate law, further consideration needs to be given to corporate law\u27s relative relevance in dictating how Canadian corporations currently operate
"Practical Necessity" or "Highly Sophisticated Opportunism"? Judicial Review and Rate Regulation After ATCO Gas and Pipelines Ltd. v. Alberta (Energyand Utilties Board)
Get PDFCase comment on <i>ATCO Gas and Pipelines v Alberta (Energy and Utilities Board).</i>
Federalism, Equality, and Autonomy: Toward an Embedded Feminist Constitutional Agenda: A Review of The Gender of Constitutional Jurisprudence, Beverley Baines and Ruth Rubio-Marin, Eds.
Get PDFBook review of Federalism, Equality, and Autonomy: Toward an Embedded Feminist Constitutional Agenda: A Review of <i>The Gender of Constitutional Jurisprudence,</i> Beverley Baines and Ruth Rubio-Marin, Eds. (Cambridge: Cambridge University Press, 2005
