Alberta Law Review (ALR)
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Foreign Investment in Canada\u27s Oil and Gas Sector: New and Emerging Challenges
No full textOver the last few years significant investments in the Canadian resource sector have been made by foreign, state-owned investors. Recent developments in this area have raised concerns that Industry Canada is adopting a more restrictive approach with respect to state-owned enterprises. This article examines the history and evolution of Canada’s foreign investment regime against the current regime in place in the energy sector. The article then examines the practical and commercial effects of the recent developments and concludes by providing examples of how to navigate the emerging commercial and regulatory framework
The Alberta Court of Appeal Opines on the S.E.F. No. 44 Limitation: The Status Quo and the Unresolved
Get PDFThe oft-criticized ambiguity of the Family Protection Endorsement S.E.F. No. 441 has resulted in another Alberta Court of Appeal decision which holds that there are, essentially, two triggers regarding the “discoverability” limitation in clause 6(c) of the endorsement. While the Court preserved the potential that some claims against insurers will be barred prior to settlement or judgment, the consistency of the approach reduces uncertainty about when the limitation period begins to run, minimizing the risk of precautionary claims against insurers
Keeping up with the Common Law O\u27Sullivans? The Limits of Comparative Law in the Context of Military Justice Law Reforms
Get PDFCritics of the Canadian military justice system have recently suggested that Canada should follow developments in military law that have taken place in Ireland, particularly with respect to the expansive procedural rights that are now afforded to accused persons who face summary forms of trial within the Irish system. This article demonstrates that these calls for comparative-based law reform fail to appreciate important differences in the Irish and Canadian environments within which the respective military justice systems operate, specifically through a case study that discusses the distinct international human rights law obligations that bind the two states, and the unique labour climates within the two armed forces. Ultimately, after illustrating how comparative law alone cannot provide a compelling rationale for military justice law reforms in Canada, the article refers to the Irish/Canadian case study in order to argue that knowledge of comparative law is perhaps more useful to responsible scholars in order to deconstruct law reform proposals rather than to generate new law reform ideas
Jurisdiction and Choice of Law Issues in Multistate Defamation on the Internet
Get PDFThe author maintains that the connecting factors for jurisdiction and choice of law in Internet defamation actions brought in Canada should be separately defined to address the problems of libel tourism and predictability of legal consequences
The Right to a Healthy Environment: Revitalizing Canada\u27s Constitution, David R. Boyd (Vancouver: UBC Press, 2012)
No full textNo abstract available
Sex Work Law Reform in Canada: Considering Problems with the Nordic Model
Get PDFThe Nordic model is a piece of legislation, passed in Sweden in 1999, which criminalizes the purchase of sex. In Canada, exchanging sex for money is not illegal, but virtually every activity associated with prostitution is. Following the Ontario Court of Appeal’s decision in Bedford v. Canada, the question of what type of legislation is most appropriate with respect to prostitution has become even more important. This article begins by evaluating the degree of success (or lack thereof) of the Nordic model. The article then goes on to determine whether legislation similar to the Nordic model would be constitutional if adopted in Canada
Mitigation, Specific Performance, and the Property Developer: Southcott Estates Inc. v. Toronto Catholic District School Board
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Recent Regulatory and Legislative Developments of Interest to Energy Lawyers
Get PDFThis article highlights important legislative and regulatory developments of relevance to energy lawyers, including those involving electricity matters and related jurisprudence that arose between May 2012 and May 2013. The authors have reviewed a wide variety of subject areas, including examining decisions of key regulatory agencies such as the National Energy Board, the Canadian Environmental Assessment Agency, Alberta’s Energy Resources Conservation Board, the Alberta Utilities Commission, the Alberta Surface Rights Board, the Ontario Energy Board, the Ontario Environmental Review Tribunal, and the World Trade Organization. Additionally, federal and provincial legislation and regulations of significance introduced during this period are canvassed
Calgary\u27s Specialized Domestic Violence Court: An Evaluation of a Unique Model
No full textSpecialized domestic violence courts are a recentinnovation in the justice system’s response to domestic violence, with the objective of more effectively addressing domestic violence by jointly holding offenders more accountable and improving safety for victims. Calgary’s court, developed in 2001, began as a unique model focusing on DV specialization in the docket court, speeding entry into the justice system,and treatment for low risk offenders. In 2005, DV specialization was expanded to the trial court. This article presents data on over 6,407 cases from a ten-year period, 1998 to 2008, capturing the development of the model over the years from baseline, specialized docket to specialized trial courts. The results cover the characteristics of the accused and victims, criminal history, and court outcomes. It also presents a summary of the results of interviews with justice and community stakeholders and men mandated totreatment. Implications for the justice system and for jurisdictions considering developing a specialized DV court approach are presented