Alberta Law Review (ALR)
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Promoting Transparency While Protecting Privacy in Open Government in Canada
Get PDFThe pressure towards open data and proactive disclosure by government in Canada has created a renewed need to balance the competing values of transparency and privacy. This article addresses issues such as what constitutes personal information and therefore engages privacy concerns, and whether transparency goals are actually met by disclosure in every case. The decision of the Supreme Court of Canada in Ontario (Community Safety and Correctional Services) v. Ontario (Information and Privacy Commissioner) addressed these types of issues in the access to information context and so offers some important insights. Finally, this article proposes some guiding principles to assist in striking a balance between transparency and privacy
An Introduction to the Use of Publicly Available Information in Assessing and Managing Aboriginal Risks
Get PDFThe authors examine different strategies that oil and gas companies can use in assessing and managing the risks associated with the obligations owed to Canada\u27s First Nations. The authors provide an introduction tothe use of publicly available information that can assist informulating risk strategies. After an overview of Treaty 8, the authors highlight information that is available with respect to certain First Nations in the Treaty 8 area
Calling Power to Account: Law, Reparations, and the Chinese Canadian Head Tax Case, David Dyzenhaus & Mayo Moran, eds. (Toronto: University of Toronto Press, 2005)
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Post-Kiobel v. Royal Dutch Petroleum Co.: Is Canada Poised to Become an Alternative Jurisdiction for Extraterritorial Human Rights Litigation?
Get PDFThe globalization of business affects the lives of citizens around the globe, both positively and negatively. With multinational corporations transcending national boundaries with their business operations comes the risk of adverse human rights impacts, particularly in regions of the world with high conflict, instability, and low governmental capacity. The risk of human rights violations has led to an increased emphasis on corporate social responsibility measures at industry, national, and international levels. One such protective measure includes statutory grants of jurisdiction to courts to adjudicate claims brought by foreign nationals alleging wrongdoings abroad in the defendant’s home jurisdiction. This measure allows foreign plaintiffs who have suffered abuse at the hands of a multinational corporation in their home jurisdiction to seek justice and compensation from that corporate defendant in the jurisdiction where the corporation’s assets are located and where the system of law is well-equipped to redress the violations. This article first explores the United States’ Alien Tort Statute and the seminal case of Kiobel v. Royal Dutch Petroleum Co. to illustrate the potential scope of extraterritorial human rights litigation in America. Then the article canvasses recent human rights litigation brought by foreign nationals in Canada and concludes with the future of Canadian law in this area
Recent Regulatory and Legislative Developments of Interest to Energy Lawyers
Get PDFThis article discusses recent developments in the regulatory and legislative spheres of interest to energy lawyers. The authors reviewed regulatory initiatives, decisions, related case law and legislation from provincial, territorial, and federal authorities. Topics of note include hydraulic fracturing, oil by rail, liquefied natural gas, renewable energy and power, the new Alberta Energy Regulator, oil and gas development, environmental protection, and Aboriginal and other issues. The period covered is May 2013 to April 2014, inclusive
“Lest You Undermine Our Struggle”: Sympathetic Action and the Canadian Charter of Rights and Freedoms
Get PDFIn this new era of recognized constitutional labour rights, one aspect of labour relations — sympathetic action — remains, for the most part, judicially unexamined. This article examines the case law to demonstrate that there is a constitutional argument that both the statutory prohibition on sympathetic action, and the hostility to sympathetic action in the common law of contract and tort, infringe on the freedoms in section 2 of the Charter. However, there is no necessary connection between a right to undertake sympathetic action and a right to strike, nor is freedom of association the only Charter right that can protect sympathetic action. Ultimately, an absolute ban on sympathetic action under Canadian labour law violates the Charter and must be removed; and the hostility of the law of tort and the law of contract to sympathetic action also contravenes Charter values
Navigating the Quagmire of Oil and Gas Transactions with Income Trusts
Get PDFThis article examines the current trend towards incometrust conversion in the oil and gas industry and the various business and legal implications which arise as a result. Documented is the history ofthe development of the income trust, various methods in which income trusts are managed structures in which they exist, methods ofconversion, and lax treatment. The various implications of income trusts to the oil and gas lawyer are then discussed, with a focus on asset transactions and multi-party deals, as well as the concerns arising for counter parties to a transaction with a trust entity. Finally, evolving issues affecting income trusts are addressed
Determinate/Indeterminate Duality: The Necessity of a Temporal Dimension in Legal Classification
Get PDFThe objective of this article is to reconcile the difficulties in legal classification that arise when subject matter is viewed from a purely spatial, i.e., a two or three-dimensional, perspective. At issue is whether the dynamic complexity of legal reasoning can be represented through a process of static classification. The difficulty with traditional approaches to classification is that while legal reasoning makes use of concurrent concepts to resolve issues, classification systems operate with mutually exclusive classes that do not permit representation of reiterative reasoning processes. Using the example of the neologism of "propertization, "an issue of increasing concern in the field of intellectual property, demonstrate that a single classification system can represent both the delerminacy the author seeks to and indeterminacy of legal concepts as they are used to resolve legal problems without sacrificing the clarity presumably required for the rule of law to operate. Resolution requires adopting a classification system that makes use of both a temporal and spatial perspective. By adopting a temporal perspective in addition to a more traditional spatial perspective, we are able to expandour focus from the products of legal classification to legal classification as a process. We can then examine the dynamic relationship of relativity between legal concepts as they operate in context, rather than limiting our analysis to the static relationship of demarcation that exists when legal classes are examined in the abstract
The Further Adventures and Strange Afterlife of the Oil and Gas Lease
Get PDFCase comment on <i>Freyberg v Fletcher Challenge Oil & Gas Inc</i> and <i>Montreal Trust Co v Williston Wildcatters Corp</i>
Improving Wrongful Conviction Review: Lessons from a Comparative Analysis of Continental Criminal Procedure
Get PDFThe study of wrongfuil conviction has yielded much evidence outlining that factors such as mistaken identification, false confessions, unsavoury informants, and misconduct on the part of the prosecution, defence, and police, inter alia, are causes of wrongfuil conviction common to most, if not all, criminal justice systems. Despite the resurgence of scholarly and popular interest in the phenomenon of wrongful conviction, there are a number of gaps in our knowledge and there is little scholarship available that addresses the subject of this article.In this article, the author addresses the question posed by Professor and Dean of Social Ecology (University of California — Irvine) C. Ronald Huff: "Are some criminal justice systems more likely to produce wrongful convictions than others?" The author undertakes a comparative study of criminal procedure in France and Germany in order to critique and appraise the Canadian approach to wrongful conviction review. He argues that incorporating specific elements of Continental practice into our domestic procedures would substantially increase and improve the opportunities for correcting miscarriages of justice in Canada