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“Get the province of Alberta in line”: Treaty Promises, Provincial Power, and the Role of Indigenous Nations in Discussions on Alberta Secession

On May 30, 2025

Matter Commented On: Alberta Separatism

PDF Version: “Get the province of Alberta in line”: Treaty Promises, Provincial Power, and the Role of Indigenous Nations in Discussions on Alberta Secession

With the Liberals forming a minority government in last month’s election, and a small but vocal contingent of Albertans seemingly enamoured with President Trump’s suggestion that Canada become a state, the possible secession of Alberta is in the news cycle again. In 2019, the possibility of western separation made headlines as Jack Mintz and others made the case for the benefits to Alberta (see here). Premier Danielle Smith has given oxygen to the renewed debate by introducing legislation that would lower the threshold for initiating provincial referenda. While she has denied supporting separation, her moves, including her participation at a pro-separation rally held at the Alberta legislature on May 3 and her statement that she will put the issue to a referendum if it gathers enough support, have energized the movement. This has drawn responses from Indigenous Nations across the province. Recently proposed amendments which would add a non-derogation clause purporting to protect treaty rights (discussed by Nigel Bankes in a forthcoming post) has done little to reduce opposition.

The Information Commissioner’s Report on the Government of Alberta’s War on the Public’s Right to Access Information

By Drew Yewchuk

On May 30, 2025

In Access to Information, Privacy

By: Drew Yewchuk

Matter Commented On: OIPC Investigation Report F2025-IR-01, Investigation into the Government of Alberta’s practices respecting access to information

PDF Version: The Information Commissioner’s Report on the Government of Alberta’s War on the Public’s Right to Access Information

On 8 May 2025, Alberta’s Information Commissioner (Commissioner) posted Investigation Report 2025-01 (Report 2025-01). Report 2025-01 is unlike typical Office of the Information and Privacy Commissioner (OIPC) orders that make decisions about particular records requests under the Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25 (FOIP). Instead, Report 2025-01 relates to how the 27 government departments that make up the Government of Alberta were handling records requests in general. Report 2025-01 concludes that the Alberta government had been applying incorrect interpretations of three sections of FOIP to improperly reject records requests (at 3).

The OpenAI Copyright Lawsuit: Could It Backfire on Canadian Media?

By Ismine Osman

On May 12, 2025

In Intellectual Property, Uncategorized

By: Ismine Osman

Matter Commented On: Canadian News Media Companies v OpenAI, Statement of Claim

PDF Version: The OpenAI Copyright Lawsuit: Could it Backfire on Canadian Media?

Introduction: A Legal Paradox for Canadian Media

In November 2024, a group of Canada’s largest news media companies (Plaintiffs), including the Toronto Star, Metroland Media Group, Postmedia, The Globe and Mail, The Canadian Press, and CBC/Radio-Canada, filed a lawsuit against OpenAI (Canadian News Media Companies v OpenAI, Statement of Claim (28 November 2024) (Statement of Claim)). They allege that OpenAI scraped and copied content without consent to train its artificial intelligence (AI) models (Statement of Claim at paras 44-45). The Plaintiffs also claim that OpenAI’s models may reproduce parts of this content in user-facing outputs, which could further support the allegation of infringement (Statement of Claim at para 5). Legal commentators, including Michael Geist and Howard Knopf, have already weighed in on the lawsuit’s weaknesses and strategic undertones (see Howard Knopf, “AI Litigation for the Canadian Nation”; Michael Geist, “Canadian Media Companies Target OpenAI in Copyright Lawsuit But Weak Claims Suggest Settlement the Real Goal”).

An Important Alberta Crown Lease Continuation Decision

By Nigel Bankes

On May 1, 2025

In Administrative Law, Land Use, Oil & Gas

By: Nigel Bankes

Case Commented On: APL Oil & Gas (1998) Ltd v Alberta, 2025 ABKB 201 (CanLII)

PDF Version: An Important Alberta Crown Lease Continuation Decision

In the natural resources sector, as in so many other industrial sectors that require major capital investments in physical assets, security of tenure for those engaging in exploration activities (resource lessees) is foundational. And a crucial part of security of tenure for a resource lessee is the expectation that, if they make a discovery, they will be able to hold on to that discovery at least until they have recovered all their investment including a return on risk capital, or better yet, until the discovery has been fully exploited and is no longer profitable to produce. On the other hand, the resource owner (whether private or public (Crown)) wants to ensure diligent exploration and development by the resource operator/lessee, failing which the property should be returned to the owner so as to allow the owner to explore other potential lessees.

Need for Law Reform: Residential Tenancies and Late Fees

By Shaun Fluker

On April 30, 2025

In Landlord/Tenant

By: Shaun Fluker and JD students with the Public Interest Law Clinic

Legislation Commented On: Residential Tenancies Act, SA 2004, c R-17.1

PDF Version: Need for Law Reform: Residential Tenancies and Late Fees

The Public Interest Law Clinic has an ongoing law reform project file on residential tenancies. During the Fall 2024 and Winter 2025 semesters, the Clinic conducted legal research on fees payable for late payment of rent. The Alberta Law Reform Institute is undertaking a review of the Residential Tenancies Act, SA 2004, c R-17.1. The Clinic’s research confirms legislative amendments would help to clarify the enforceability of fees charged by a landlord for the late payment of rent.