Alberta Law Review (ALR)
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Recent Regulatory and Legislative Developments of Interest to Oil and Gas Lawyers
Get PDFThis article canvasses significant regulatory and legislative development in oil and gas law during the period April 2004 to March 2005. Selected contributions of courts (the Federal Court of Appeal, Alberta Court of Appeal, and Alberta Court of Queen\u27s Bench), regulatory bodies (the National Energy Board, the Alberta Energy and Utilities Board, and the Alberta Environmental Appeals Board), and legislators (at the federal and provincial levels) are summarized and analyzed, followed by a discussion of policy initiatives. The article deals with a variety of developments, highlighting themes of considerable importance to oil and gas Iaw. These include: the continuing effects of GB 2003-028 on gas/bitumen conservation policy, the consequences of the recent regulatory decisions of the National Energy Board on TransCanada Pipelines Limited tolls on upstream and midstream companies and, more generally, changes to energy legislation in Alberta and British Columbia
Will the Circle be Unbroken? Aboriginal Communities, Restora tive Justice, and the Challenges of Conflictand Change, Jane Dickson-Gilmore & Carol La Prairie
Get PDFBook review of <i>Will the Circle be Unbroken? Aboriginal Communities, Restora tive Justice, and the Challenges of Conflictand Change,</i> Jane Dickson-Gilmore & Carol La Prairie (Toronto: University of Toronto Press, 2005)
Public Video Surveillance by the State: Policy, Privacy Legislation, and the Charter
Get PDFThis article explores the growing phenomenon of public video surveillance and how the law should protect an individual\u27s right to privacy while providing for effective law enforcement. The author considers the positive and negative effects of surveillance and recent technological advancements that currently challenge courts, legislatures, and police forces. Canadian case studies from Kelowna and Edmonton are utilized to examine the role of federal and provincial privacy legislation, while the Supreme Court of Canada\u27s evolving interpretation of s. 8 of the Charter is canvassed through an examination of jurisprudence involving public surveillance technology. Ultimately, the author concludes that public video surveillance is necessary but the law must control its use. Video surveillance via automated collection would resolve the "effectiveness versus privacy" policy debate by minimizing the potential for abuse
The Unprincipled Use of Originalism and Section 24(2) of the Charter
Get PDFTwenty years ago, the Supreme Court of Canada laid the foundation to the modern approach of the exclusion of evidence under s. 24(2) of the Charter in R. v. Collins. The author examines the treatment of this test by the Supreme Court in the subsequent cases of R. v. Burlingham and R. v. Stillman, with particular attention paid to the majority\u27s rationale in Stillman for creating an "exclusionary rule" for conscriptive non-discoverable evidence. The author examines the critical debate surrounding Stillman, focusing on the argument that it was contrary to the "original intentions" of the drafters of the section. The author challenges this argument with four major assertions and then proceeds to examine recent attempts to reformulate the Stillman test. The author concludes that the rationale underlying the Stillman test was clearly and powerfully articulated. Any move to change the law must confront this rationale.
Judges and Canadian Legal Thought: The Court of Queen\u27s Bench of Manitoba 1870-1950: A Biographical History, Dale Brawn (Toronto: University of Toronto Press, 2006) and History of Canadian Legal Thought: Collected Essays, R.C.B Risk...
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You Don\u27t Know What You\u27ve Got \u27Til It\u27s Gone: The Rule of Law in Canada - Part I
No full textThe expression “rule of law” is multifaceted and entails a complex network of concepts. Although the expression is used frequently, its intended meaning is often connected to the context in which it is invoked. As the rule of law is so often used in a contextual manner, its conceptual underpinnings are often only partially understood and appreciated. The author examines the historicity of the rule of law and analyzes the concepts contained within the expression in order to give an explanation of their meaning, importance, and implications. A theme persisting throughout the article is that of the threats to the rule of law, both in general and in our Canadian context. An importance of the article is that the author, having provided the reader with an account of the rule of law, also provides the reader with the ability to appreciate, discern, and be vigilant against the threats to the rule of law. This article is Part I of a two-part series
Severance Pay and the Older Worker: Negotiated Versus Litigated Outcomes Under Canadian Common Law
Get PDFThe North American workforce is aging and workers are increasingly working beyond normal retirement age. Although mandatory retirement has largely been abandoned in Canada, employers still have the common law right to terminate employees without just cause by giving reasonable notice of dismissal. Where no, or insufficient, notice is given, the dismissed employee can file a civil action for wrongful dismissal. This article examines whether older workers are treated differently relative to younger workers in the assessment of reasonable notice. This question is examined in both an experimental negotiation simulation and by a statistical analysis of all Canadian appellate court decisions addressing reasonable notice issued during the 12-year period from 2000 to 2011
Prior Occupation and Schismatic Principles: Toward a Normative Theorization of Aboriginal Title
Get PDFThere are two divergent principles underlying theconstitutional recognition of Aboriginal title in s. 35(1) of the <i>Constitution Act, 1982</i> the historically-oriented principle of "prior occupation, " and the forward-looking principle of "reconciliation. " A closer look at the principle of "prior occupation " reveals several possible rationales behind its requirement in the test for Aboriginal title: to promote economic efficiency; to ground a natural right of ownership; and to function as a proxy for the protection of individual or group identity. However, each of these rationales fails to adequately respond to both previous jurisprudence in the area and the need to achieve a just and legally sound system for determining future claims. If "prior occupation" is instead understood as a proxy for "community connections to land," then the primary interests at stake are more clearly revealed. It is then possible to develop a principled and more consistent way of dealing with Aboriginal title claims in a way that respects the interests of all involved
Tracking Liability – Traceability and the Farmer
Get PDFMany farmers are reluctant to enter into traceability programs, which would create a record of the source and movement of raw farm products. Farmers are concerned that these programs could make them more vulnerable to regulatory offence prosecution and negligence lawsuits, as lite protection vulnerable afforded by anonymity is lost. However, participating in a traceability program may assist a farmer in protection establishing due diligence and reasonable care. Canadian jurisprudence also suggests that it will likely be difficult to overcome the causation stage of a negligence claim and ultimately prove a farmer\u27s liability. Moreover, farmers will also benefit from the restrictive treatment of pure economic loss claims Canadian courts. Traceability programs would therefore prove to be more positive than negative for Canadian farmers.
Waste in the Land of Plenty: An Examination of the Theoretical Implications of Waste on the Alberta Oil Sands Deposits
Get PDFOilfield waste is a concern addressed by legislation in both Alberta and Saskatchewan. This article examines the legal meaning of waste in contrast with practical examples of oilfield techniques that unnecessary waste. The author notes that oil is renewable resource; thus, conservation measures the regulation of wasteful operations are appropriate measures from an economic perspective. While some conservation waste is inevitable, statute and case law demand that cost-effective measures be taken to avoid unnecessary waste. The policy mandate to prevent waste may be reduced to a simple point: the supply of oil is finite, and avoiding waste allows the maximum amount of profit from a limited resource.