Alberta Law Review (ALR)
Not a member yet
2493 research outputs found
Sort by
Forging Alberta\u27s Constitutional Framework, Richard Connors & John M. Law, eds.
No full textBook review of <i>Forging Alberta\u27s Constitutional Framework,</i> Richard Connors & John M. Law, eds. (Edmonton: University of Alberta Press, 2005)
Tessling, Brown, and A.M.: Towards a Principled Approach to Section 8
Get PDFThis article analyzes the Supreme Court of Canada\u27s search-and-seizure jurisprudence in anticipation of the Court\u27s forthcoming decisions on the admissibility of evidence obtained by police dog searches in Brown and A.M. After reviewing the historical development of s. 8, the author then goes on to discuss the strengths and weaknesses of the Court\u27s analysis of sense-enhancing aids and the reasonable expectation of privacy\u27 in Tessling. The article ultimately argues that the Court ought to eschew a case-by-case model for establishing the existence of areasonable expectation of privacy, and go beyond the facts of Brown and A.M. in order to adopt a more principled approach to s. 8. The author maintains that a more principled approach is necessary because stale actors need clearer guidance if they are to successfully balance individual privacy with the use of sense enhancing aids
The Securities Transfer Act— The Radical Reconceptualization of Property Rights in Investment Securities
Get PDFThe Securities Transfer Act (STA), which came into force in Alberta and Ontario on I January 2007, is based on the U.S. Uniform Commercial Code Revised Article 8 and reflects a radical reconceptualization of property law investment securities. This article analyzes the conceptual and policy choices behind the STA, focusing on the legislation\u27s functional approach with respect to defining assets held by investors who hold securities through intermediaries, the property rights of such holders, cross-border settlement conflict of law rules, security interests investment property, and conveyancing rules. This article also responds to conceptual and policy-based criticisms directed at the legislative model employed by the STA. The author argues that the STA\u27s functional approach nevertheless significantly contributes to a more accurate understanding of property rights in relation to intangible assets. Also, claims that property rights of prior holders are protected inadequately are analyzed and discussed.
Digging Below and Looking Beside the Wall of Ministerial Discretion: Licences after Saulnier
Get PDFNo Abstrac
Comparative Perspectives on the Regulation of Assisted Reproductive Technologies in the United Kingdom and Canada
Get PDFThis article highlights some concerns with the regulatory structure envisioned by Canada\u27s new Assisted Human Reproduction Act, principally by comparing Canada\u27s proposed Assisted Human Reproduction Agency (AHRA) with the United Kingdom\u27s Human Fertilisation and Embryology Authority (HFEA). The article elaborates on the past and present regulation of ARTs in both Canada and the United Kingdom, using the current regulation of preimplantation genetic diagnosis by the HFEA as an example. The author notes that there is considerable cause for concern over the ability of the AHRA to effectively regulate ARTs, and cautions that Canada\u27s proposed regulatory structure may serve only to reignite the debate around the moral status of the embryo that featured so prominently in the debate over the legislation itself
The National Energy Board\u27s Participation Framework: Implementing Changes Resulting from the Jobs, Growth and Long-term Prosperity Act
No full textAs a result of the enactment of the Jobs, Growth and Long-term Prosperity Act, the National Energy Board was required to change its processes relating to standing and level of participation. The Board developed and implemented a Participation Framework to provide clear and consistent guidance to the public on how the Board implemented the changes in the amending legislation. This article delineates the evolution of the Board’s approach to participation and discusses how the Board has responded to larger and increasingly complex projects as it carries out its mandate in the Canadian public interest
Enforcing American Letters of Request: The Fickle Charter Guarantee of Evidentiary Immunity
Get PDFThis article provides an overview of the US Fifth Amendment and Canadian Charter protections on the right against self-incrimination. It provides an in-depth analysis on the current uneven legal framework in the context of extraterritorial evidence gathering, and the constitutional problem of compelled testimony in cross-border proceedings. The author argues that a partial solution can be crafted within the courts by requiring US protective orders prior to enforcing letters of request. Such an approach should reflect the established Charter principle that compulsion must be coupled with evidentiary immunity
The Corporation: The Pathological Pursuit of Profit and Power, Joel Bakan (Toronto: Viking Canada, 2004)
Get PDFNo Abstrac
Navigating Murky Waters: Emerging Trends in Aboriginal Consultation and Project Approval
Get PDFoai:jrnl_ablawreview:article/1This article surveys the most significant recent Canadian decisions engaging the Crown’s duty to consult Aboriginal peoples in the context of natural resource and infrastructure developments and explores the following themes. First, project opponents are initiating legal challenges early and often. Second, recent decisions have affirmed the principle that the duty to consult can be fulfilled through an existing regulatory review process. Third, the jurisdiction of certain administrative tribunals to determine the adequacy of consultation and other constitutional questions remains unsettled. Fourth, Aboriginal groups continue to launch novel challenges, seeking to expand the scope of the duty to consult, often beyond the specific Crown conduct being challenged. Fifth, courts are increasingly intolerant of abuses of process, particularly where litigants fail to seek proper recourse for their grievances. Finally, project proponents are seeking recourse against the Crown in cases where it has failed to adequately consult or accommodate
Decolonizing Law School
Get PDFThis article provides an examination of the future of law school in Canada through the framework of colonization and decolonization. The authors identify five interconnected forms of contemporary colonization in law school, namely intellectual, professional, market, consumerist, and herd colonization, all of which are impacted by the catalyst of technology. The process of decolonizing law school identified by the authors is fundamentally a process of moving the role of human agency to the foreground in designing, building, and renovating institutional orders that foster human flourishing