Alberta Law Review (ALR)
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The Last Case [Reprint — (1978) 16:1 Alta. L. Rev. 1]
Get PDFThis is an exact reprint of an article published in 1978 in Volume 16 of the Alberta Law Review. It is the story of the last appeal to go from Canada to the Judicial Committee of the Privy Council, as told by the late Justice Morrow of the Supreme Court of Alberta Appellate Division. This article not only describes the background to a historically significant case that went through the Appellate Division, but also provides the unique perspective of one of its former members. As noted in the original abstract, “[t]he material contained in the reported decisions is interesting but it is hoped the reader will find that the story back of the reports is even more interesting.
Legal Education Reform and the Good Lawyer
Get PDFThe critics agree: law schools do it wrong. Stuck in early twentieth century practices that emphasize instruction in legal doctrine in large lecture halls, law schools fail to provide their students with the skills necessary to be practicing lawyers and to be marketable to prospective employers. They fail to instill in their students the “professional identity” necessary to achieve ethical legal practice. This article sounds a cautionary note with respect to those proposals for reform that reject the traditional emphasis on doctrinal teaching. In particular, and in contrast to the critics who view doctrinal learning as inconsistent with, or unrelated to, the creation of ethical lawyers, this article suggests that the emphasis on law in law school serves an essential function in creating ethical legal practice
Removing all Reasonable Cause of Discontent: Noteworthy Decisions of the Alberta Court of Appeal in Aboriginal Litigation
Get PDFThis article examines the past 100 years of Aboriginal litigation at the Alberta Court of Appeal. It begins by describing pre-Charter cases related to historical hunting rights. It then examines cases related to division of power issues before describing cases concerning religious freedom, freedom to associate, and equality rights. Afterwards, cases concerning post-Charter Aboriginal and Métis hunting rights are discussed. Finally, the concepts of honour of the Crown and fiduciary duty are considered
Still Dying for a Living: Corporate Criminal Liability After the Westray Mine Disaster, Steven Bittle (Vancouver: UBC Press, 2012)
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The World Needs More Rod Macdonald: The Potential of Big Ideas
Get PDFIn this article, the author makes the case for thinking boldly and experimentally about the possibilities for legal education and law schools and urges us to embrace the potential for big ideas. She illustrates this approach through the lens of admissions, curriculum, and research. Within each of those aspects of legal education, the article suggests some guidelines that might be used to evaluate reform proposals and proposes one major change to spur reflection
Why So Serious?: Early Analysis of the Definition of "Serious Impairment" Under Alberta\u27s Minor Injury Regulation
Get PDFThis article examines the interpretation of “serious impairment” as defined in Alberta’s Minor Injury Regulation (MIR). It first assesses the similarities and differences between the definitions of serious impairment found in the MIR and similar legislation from several provinces. It then discusses the five factors required to find a serious impairment proposed by Justice Shelly in Sparrowhawk v. Zapoltinsky, and interprets the factors using case law from other provincial jurisdictions. The article concludes that the Alberta MIR is distinct in three major aspects. Therefore, non-Alberta jurisprudence must be approached with caution, but may nevertheless be of some value in interpreting the Alberta regulation
Personal Responsibility for Intentional Conduct: Protecting the Interests of Innocent Co-Insureds Under Insurance Contracts
Get PDFAn insured who wilfully damages insured property cannot seek indemnification under an insurance policy because the loss was not a fortuitous one and likely falls within an exclusion clause in the policy. This has historically been referred to as the criminal forfeiture principle, which holds that for public policy reasons a wrongdoer should not be able to benefit from his or her own wrongdoing. The question in situations like this is whether an innocent co-insured should also be barred from recovery for such loss. This article focuses on developments in the law relating to recovery by an innocent co-insured — namely amendments to the British Columbia Insurance Act. The author explores the history of the criminal forfeiture principle and also examines the modern contractual approach to interpreting insurance contracts. This article argues that the modern approach emphasizes property and contract law principles at the expense of protecting the reasonable expectations of an innocent co-insured. The author then examines a key provision in the British Columbia Insurance Act that intends to provide statutory protection for an innocent co-insured. Despite some disadvantages, the author argues that the benefits of the statutory protection outweigh any potential weaknesses
R. v. N.S.: What is Fair in a Trial? The Supreme Court of Canada\u27s Divided Opinion on the Niqab in the Courtroom
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Lights, Judges, Access: How Active Judicial Review of Discretionary Decisions Protects Access to Government Information
Get PDFThis article discusses the role of judicial review in access to information regimes in Canada. It provides a review of recent court decisions that show how the Canadian courts are actively supervising the exercise of administrative discretion over access to information. It argues that although efforts to reform Canada’s access to information legislation have so far been met with limited success, the judiciary has provided significant and important scrutiny, providing a key means of enforcing access to information rights in Canada