Alberta Law Review (ALR)
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The Exclusion of Property Rights from the Charter: Correcting the Historical Record
Get PDFCanada’s Constitution has been described as an outlier among the liberal constitutions of the world because it lacks a property rights provision. The history of how property rights came to be excluded has received relatively limited consideration. This article seeks to correct the historical record by utilizing forms of analysis within legal scholarship
Cut-and-Paste Justice: A Case Comment on Cojocaru v. British Columbia Women\u27s Hospital and Health Centre
Get PDFCase comment on <i> Cojocaru v. British Columbia Women\u27s Hospital and Health Centre</i>, 2013 SCC 30, [2013] 2 SCR 357
The Difficulty of Constitutional Amendment in Canada
Get PDFScholars of comparative constitutional law would suggest that the United States Constitution is the world’s most difficult democratic constitution to change by formal amendment. This article suggests that the Constitution of Canada may be even harder to amend. Canadian constitutional politics have proven the textual requirements for major constitutional amendment so far impossible to satisfy. But the extraordinary difficulty of formal amendment in Canada derives equally from sources external to the text. Major constitutional amendment also requires conformity with extra-textual requirements imposed by Supreme Court decisions interpreting the Constitution of Canada, parliamentary and provincial as well as territorial statutes, and arguably also by constitutional conventions — additional rules that may well make major constitutional amendment impossible today in Canada. These as yet underappreciated extra-textual sources of formal amendment difficulty raise important questions for Canadian constitutionalism, namely whether in making the Constitution virtually impossible to amend they weaken democracy and undermine the purpose of writtenness
Contribution Among Contract Breakers: A Case Comment on Isfeld v. Petersen Pontiac Buick GMC (Alta.) Inc.
Get PDFNo abstract availabl
Section 67 of the Responsible Energy Development Act: Seeking a Balance Between Independence and Accountability
Get PDFIn 2012, the Alberta Government introduced Bill 2, the Responsible Energy Development Act, to replace the Energy Resource Conservation Board and to establish a single energy regulator. Among the most controversial aspects of this Act is section 67, which allows the Minister to give mandatory directions to the regulator. This article looks at the implications of that provision including its effect on board independence, board accountability, and the democratic process as a whole. After evaluating the case law, exploring issues of statutory interpretation, and comparing section 67 with similar provisions in Ontario and British Columbia, the author concludes that section 67 leaves open significant questions about the scope, legal status, and procedural requirements of directives issued under section 67
Litigating Shut-in for Lack of a Market: A Comment on Stewart Estate v. TAQA North Ltd.
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Recent Judicial Developments of Interest to Oil and Gas Lawyers
Get PDFThis article is intended to provide a brief review of recent Canadian judicial decisions of interest to oil and gas lawyers. The authors have surveyed Canadian case law in the areas of government regulation, conflicts, creditor\u27s rights, surface rights, contract, tax. and other areas. Portions of many of thesesummaries have previously been published in the Cox Hanson O \u27Reilly Matheson Oil and Gas Netletter on the Quicklaw service operated by LexisNexis Canada Inc
The Current State of the Law in Canada on Crown Obligations to Consult and Accommodate Aboriginal Interests in Resource Development
Get PDFThe Supreme Court of Canada has clarified that the duly to consult with Aboriginal groups and. where indicated, to accommodate their interests lies with theCrown alone. In the context ofproject development, the duty to consult and accommodate may be satisfied by the Crown providing opportunities for meaningful involvement in regulatory and environmental assessment processes and addressing Aboriginal concerns. This includes engaging directly with the Aboriginal group, soliciting and listening carefully to concerns, and attempting to minimize the impact on Aboriginal rights. In recent decisions, the courts have repeatedly focused on the honour of the Crown and, in designing remedies, have emphasized the need to balance Aboriginal interests with those of the broader society. Where the duty to consult has not been satisfied, the courts have more frequently ordered ongoing consultation and have less frequently quashed permits and approvals. Prudent project proponents will continue to engage potentially affected Aboriginal groups in a meaningful way. attempt to identify Aboriginal concerns, discuss with Aboriginal groups potential strategies to minimize or avoid infringements of Aboriginal rights, and communicate accurately these efforts to government decision-makers
A Purposive Approach to Whistleblower Protection: A Comment on Merk v. International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 771
Get PDFCase comment on <i>Merk v International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 771</i>
