Alberta Law Review (ALR)
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Operators’ and Processors’ Liens: Priority, Enforcement, and Practical Considerations
Get PDFThis article discusses the consequences of non-perfection of an Operator’s lien and the casual attitudeof Operators towards protecting their security interests. The authors also discuss the nature and level of protection provided by a valid Operator’s lien in a variety of circumstances, and a number of enforcement considerations, from both a practical and legal perspective, in both a perfected and non-perfected context
The Courts, the Charter, and the Schools: The Impact of the Charter of Rights and Freedoms on Educational Policy and Practice, 1982-2007, Michael Manley-Casimir and Kirsten Manley-Casimir, eds.
Get PDFThe Courts, the Charter, and the Schools: The Impact of the Charter of Rights and Freedoms on Educational Policy and Practice, 1982-2007 is a collection of essays by various authors grouped by the sections of the Canadian Charter of Rights and Freedoms that are most applicable to schools. The book starts from the intriguing premise that it is time to take stock to see if the premise of their earlier book, that the advent of the Charter would radically change school law, has come to pass. Ultimately their answer, and that of the contributing essayists, is that the Charter has not fulfilled that premise
The Law of Domicile: Re Foote Estate
Get PDFIn the area of conflict of laws the concept of domicile has declined in importance over the last few decades, both as a connecting factor in choice of law and as a basis for jurisdiction, as well as a basis for recognition of foreign divorces. Consequently, it is quite rare these days to find a case devoted entirely to determining the question of a person’s domicile. For that reason alone the recent decision of the Alberta Court of Queen’s Bench in Re Foote Estate is noteworthy. But what makes the case truly remarkable is the extent and depth of its scholarly review of the law of domicile. The Reasons for Judgment of Graesser J., spanning 546 paragraphs, contain what is unquestionably the most comprehensive and detailed judicial analysis of the law of domicile to be found in any Canadian case in recent times. Almost every aspect of domicile is canvassed with such depth and accuracy of analysis that the case will undoubtedly now be the starting reference point for practitioners and law students alike when grappling with the law of domicile
Recent Judicial Developments of Interest to Oil and Gas Lawyers
Get PDFThis article provides an overview of recent judicial developments of particular interest to oil and gas lawyers. The authors summarize and comment on recent Canadian case law in the areas of: aboriginal, administrative, contract, environmental, unit agreement, right of first refusal, surface rights, taxation, joint operating agreement, tort, farmout agreement, royalty, and limitations law
Shallow Rights Reversion: Uncertainty and Disputes
Get PDFTo encourage shallow gas production from up-hole non-producing zones on provincial lands and increase Crown royalty revenues, the Government of Alberta has adopted a shallow rights reversion (SRR) scheme for oil and gas mineral rights holders. Under SRR the rights to natural gas above the top of the shallowest productive zone are to be severed at the time of lease continuation and revert to the Crown, but the rights from the top of the shallowest productive zone to the base of the deepest productive zone will continue to be held by the Crown lessee.In 2007 the British Columbia government amended the Petroleum and Natural Gas Act to establish a zone specific retention (ZSR) scheme. Under the ZSR system the Crown lessee need only establish the mere presence of oil or gas in a standard Zone Designation layer in order to continue the lease.Unlike British Columbia, the SRR system in Alberta applies to all existing Crown leases, and is therefore more controversial than the ZSR regime. In April 2011, Alberta Energy intends to start serving SRR notices. The department has recently changed its policy regarding the consolidation of petroleum and natural gas agreements. The more complicated SRR system, which facilitates an increased number of oil and gas developers, may prompt additional trespass and commingling disputes
Alberta’s Approach to Local Governance in Oil and Gas Development
Get PDFThis article reviews the legal role of Alberta municipalities in the regulatory regime that governs all stages of oil and gas development within the province. Specifically, it seeks to address how municipalities are involved in the decision-making processes preceding oil and gas development approval; how their views and concerns are addressed; and what steps they are able to take in an effort to regulate and manage development within their borders. It highlights the fact that Alberta’s approach to governance in oil and gas development is one that, as a matter of law and policy, grants municipalities a limited role. Nonetheless, it argues that avenues exist that municipalities can, and have, pursued in an effort to adequately address local impacts and concerns surrounding development
What has Dunsmuir Taught?
Get PDFIn Dunsmuir the Supreme Court of Canada reassessed the “troubling question” of how courts should review decisions of administrative tribunals. The majority judgment of Bastarache and LeBel JJ. (writing also for McLachlin, Abella, and Fish JJ.), sought to simplify the judicial review process by reducing the standards of review from three to two, increasing reliance on precedent to determine which standard is appropriate, making explicit the significance of the nature of the question to the determination of the standard in every case, and re-labelling the “pragmatic and functional” test the “standard of review analysis.” In its recent judgment in Khosa the Supreme Court emphasized the simplifying intention of Dunsmuir, suggesting that “Dunsmuir teaches that judicial review should be less concerned with the formulation of different standards of review and more focused on substance, particularly on the nature of the issue that was before the administrative tribunal under review.
Rationalizing Infanticide: A Medico-Legal Assessment of the Criminal Code’s Child Homicide Offence
Get PDFThis article involves a discussion of the proper scope and interpretation of the Criminal Code provisions relating to the offence of infanticide. A review of the legislative history indicates that the biological rationale for the offence did not appear to have been scientifically established. Thus, despite the wording of the provision, the law of infanticide developed not from medical science, but instead as a way of dealing with unsatisfactory outcomes of homicide litigation directed at new mothers. In recent years, the medical rationale for infanticide has become less accepted and the trend has been to charge more mothers accused of killing their newborns with murder. This may be attributed, in part, because the conditions that created a sympathetic response to young women facing unwanted children in the past no longer exist. Nevertheless, it is asserted that the stress of child rearing should serve to reduce the culpability of some individuals who kill their children. Consequently, the author recommends a repeal of the current infanticide provisions, to be replaced by a more generally applicable defence of diminished responsibility applicable to not just biological mothers, but fathers and adoptive parents as well
Serious Occupational Health and Safety Incidents in the Oil and Gas Industry: Legal Issues and Recommendations
Get PDFWritten primarily for in-house counsel, this article addresses some of the complex legal issues that arise in response to a serious incident in the oil and gas industry. The authors review the relevant reporting obligations under the Occupational Health and Safety Act and provide an overview of the legal issues relating to the privacy of medical records, drug and alcohol testing, privilege, and legal holds. The authors conclude by offering their recommendations regarding policies that should be in place before an incident occurs, as well as actions that should be taken in the immediate aftermath of any serious incident
The Alberta Land Stewardship Act and its Impact on Alberta\u27s Oil and Gas Industry
No full textThis article discusses the impact of the Alberta Land Stewardship Act – enacted by the Government of Alberta with the goal of developing an overarching land use policy to manage all lands and natural resources in the province – on Albertans generally, as well as the oil, gas, and oil sands industries. Although the implementation of the Act is in its early stages, the article nonetheless argues that the Act, and the authority that it grants, will significantly alter the way that land use decisions are made in Alberta and, of specific interest to those in the oil, gas, and oil sands industries, the manner in which proposed projects are reviewed and approved