Alberta Law Review (ALR)
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Child Representation in Alberta: Role and Responsibilities of Counsel for the Child in Family Proceedings
Get PDFThere has been an increase in the number of family law cases in Alberta where counsel is appointed to represent a child, but there is a lack of guidance and there is controversy about the role and responsibilities of counsel for the child. In other jurisdictions government agencies, the courts, the legislature or the law society have provided clear direction, though taking different approaches to resolving the controversies about counselfor the child. This article reviews the different roles adopted by counsel appointed to represent a child in afamily proceeding: the child advocate, the best interests guardian and the friend ofthe court. It is argued that in Alberta there is no single role that is appropriatefor alt cases. While the child\u27s wishes should always be placed before the court, counsel should only advocate based on those wishes if the child has capacity to instruct counsel. This article offers detailed suggestions for the professional responsibilities of counsel for the child, and concludes by making recommendationsfor action by the Law Society ofAlberta and Government of the Province if these bodies are to meet their responsibilities to children
Recent Judicial Developments of Interest to Energy Lawyers
Get PDFThis article summarizes a number of recent judgments applicable to the energy sector. Topics touched upon include the interpretation of freehold leases, rights of first refusal, farmout and royalty agreements, applicable limitation periods, recent developments in tort and civil procedure, and aboriginal and competition law
The Right to Public Participation in Resources and Environmental Decision-Making in Alberta
Get PDFThis article examines the right to public participation in resources and environmental decisionmaking in Alberta. The only reasonable conclusionfrom the analysis in the paper is that there is currently no legal right to public participation in resources andenvironmental project decision-making in Alberta.Project decision-makers have no obligation to hear organized public interest groups or members of thepublic at large who are unable to demonstrate how aproject may personally affect them. The public interest character of resource development decisions has thus far had no identifiable impact on the consideration of participatory rights by Alberta courts. Resources and environmental project decision-making is thus not necessarily subject to public scrutiny and it becomesmore difficult to hold officials exercising public power over resource development legally accountable for their actions. The role of public participation as anaccepted means to influence the exercise of state power over matters concerning the public interest deserves more critical and focused attention from Albertacourts
The Legal Framework for Acquiring Water Entitlements from Existing Users
Get PDFThis article provides a detailed analysis of the legal framework under Alberta\u27s <i>Water Act</i> and <i>IrrigationDistricts Act</i>, pursuant to which a person may acquire an entitlement to water from an existing user. The first part of the article covers both the agreement to assign water as well as the licence transfer procedure introduced in the new <i>Water Act</i>. The second part of the article deals with the creation of derivative rights to water by irrigation districts including rural water licence use agreements and water conveyance agreements. The article also examines the temporary and permanent assignments of rights to irrigable acreage within irrigation districts
An Introduction to Various Issues Surrounding the Ownership of Storage/Pipeline Gas
Get PDFThe issues surrounding ownership of pipeline andstored gas have been largely ignored in Canada, with the result that many in the industry may be surprised to learn that their interests in such resources are not necessarily secured. By applying the most recent legal decisions in Canada and the VS. to the practical possibility of an operator\u27s insolvency, the authors discuss the likelihood, explore the advantages, and address the dangers of casting this relationship as a tenancy in common, bailment, or trust. While the importance of protecting a client\u27s rights through extensive contractual principles is paramount in every relationship, the extent to which the judiciary will endorse contractual intentions in these unique circumstances is far from certain. This article explores the practical questions respecting issues of ownership and security as regards the natural gas arena to propose finally a new class of ownership that would treat natural gas rights as a <i>sui generis</i> category unique to storage/pipeline gas
Transferring Alberta\u27s Gas Flaring Reduction Regulatory Framework to Nigeria: Potentials and Limitations
Get PDFThe article reviews the Albertan and Nigerian gas flaring regulatory frameworks, examines theirdifferences, and attempts to determine the extent to which certain aspects of the Alberlan framework can (not) be adopted in Nigeria. In this regard, the author also offers a brief review of various legal transplant theories and a background of regulation in both jurisdictions. The author ends by offering suggestions as to what concepts and principles may (not) be viably transferred
Corporate Governance in the Canadian Resource and Energy Sectors
Get PDFThis article reports the results of a qualitative empirical study of the corporate governance practices of 23 resource and energy sector firms in Canada. The authors examine public disclosure and other documents filed by subject firms in each ofthe oil and energy, oil and gas trust, precious metal and forestry sectors and compare the firms\u27 governance practices against ten indicia of effective governance advocated by regulators and stock exchanges. The working hypothesis ofthe article is that due to the global scope of the subject sectors, the sample firms may be better developed than, or have unique qualities compared to, firms in other sectors. The authors conclude that the sample firms perform reasonably well against the ten indicia. However there are significant sectoral differences.The authors note nearly all subjects have adopted codes of corporate conduct and an overall commitment to comply with new, more rigorous audit committee standards. Weaknesses include a lack of board diversity as one indicator of board independence, lack of formalized continuing education and uneven evaluation processes for corporate boards. Although this study provides insight into Canadian resource and energy sector governance practices, the authors note the need to dedicate more resources to developing consistent and independent standards to use as benchmarks in evaluating corporate governance practices
Manitoba Metis Federation Inc. v. Canada (Attorney General): Breathing New Life into the "Empty Box" Doctrine of "Indian Title"
Get PDFThis article addresses the Supreme Court’s recent decision in <i>Manitoba Metis Federation v. Canada (Attorney General)</i>, the Court’s interpretation of section 31 of the <i>Manitoba Act, 1870</i>, and the ways in which the ruling seems guided by, or at least concurs with, the works and opinions of Thomas Flanagan. The author highlights various cases which have dealt with Métis rights, established canons of statutory interpretation, Crown obligations, opposing scholarly views, and the distinction between historical contextual analysis and historical legal analysis. In doing so, the author argues that the decision is essentially an invocation and resuscitation of the “empty box” doctrine. This doctrine serves both to recognize Métis rights and revoke them of any tangible substance that such recognition might bring, and seemingly obfuscates the plain meaning rule of interpretation applied to the section 31 phrase: “towards the extinguishment of the Indian Title.
The Police Officer’s Plight: The Intersection of Policing and the Law
Get PDFThe article examines the interaction and tension between the attitudes of the police and the courts in the context of the criminal justice system. Canadian laws governing the authority of the police are argued to be generally permissive but lacking in clear and specific definition. Because of this, their application may be highly subjective which causes problems when the police and the courts have different expectations for the role of the police. Police generally adopt a crime control approach in their investigative processes while courts tend to use a due process approach in trials. The article examines the factors within law enforcement, as well as broader societal elements, which lead to police adopting a crime control approach. Also examined are behavioural and situational elements that influence police officers’ decisions, particularly when they work from a presumption of guilt. This approach often conflicts with the legal presumption of innocent until proven guilty that is required in the trial process. This creates tensions, especially when police are required to explain their decisions and actions in the course of a trial. The article argues that the lack of clarity in the laws of police authority has resulted in police officers defaulting to a crime control approach, since it matches their view of their role in society. It conflicts, however, with the courts’ assumptions of what police behaviour should be, which leads to tension between the two institutions