Monthly Archives: February 2009

What is sauce for the goose is sauce for the gander (and other, more mixed, metaphors): and a prediction as to the role of power and influence on law-making in the province.

Cases Considered: ATCO Midstream Ltd. v. Alberta (Energy Resources Conservation Board), 2009 ABCA 41. PDF Version: What is sauce for the goose is sauce for the gander (and other, more mixed, metaphors): and a prediction as to the role of … Continue reading

Posted in Administrative Law, Natural Resources | 1 Comment

Don’t you forget about me: Remembering the rest of administrative law after Dunsmuir

Cases Considered: Bear Hills Charitable Foundation v. Alberta Gaming and Liquor Commission 2008 ABQB 766; East Prairie Métis Settlement v. Alberta (Métis Settlements Ombudsman) 2009 ABQB 31. PDF Version: Don’t you forget about me: Remembering the rest of administrative law … Continue reading

Posted in Aboriginal, Administrative Law | 2 Comments

R. v. Syncrude Canada: The Case of The 500 Dead Ducks

PDF Version: R. v. Syncrude Canada: The Case of The 500 Dead Ducks Alberta Environment and Environment Canada have laid charges against Syncrude Canada in relation to the toxic substances in its Aurora Mines tailing pond that resulted in the … Continue reading

Posted in Environmental | 2 Comments

The End of Law: A New Framework for Analyzing Section 15(1) Charter Challenges

Cases Considered: Ermineskin Indian Band and Nation v. Canada, 2009 SCC 9 PDF Version: The End of Law: A New Framework for Analyzing Section 15(1) Charter Challenges After the Supreme Court of Canada handed down its decision in R. v. … Continue reading

Posted in Aboriginal, Constitutional, Oil & Gas, Supreme Court of Canada | 4 Comments

The Crown has neither the power nor the duty to invest Indian monies: The use of legislation to limit trust duties

Cases Considered: Ermineskin Indian Band and Nation v. Canada, 2009 SCC 9. PDF Version: The Crown has neither the power nor the duty to invest Indian monies: The use of legislation to limit trust duties The “money management” part of … Continue reading

Posted in Aboriginal, Constitutional, Oil & Gas, Supreme Court of Canada | 2 Comments

Co-ownership is a messy business (even with an operating agreement)

Cases Considered: San Juan Resources Inc (Re) 2009 ABQB 55 (Registrar in Bankruptcy). PDF Version: Co-ownership is a messy business (even with an operating agreement) Co-ownership is a legal relationship for parties who are able to get along together. For those … Continue reading

Posted in Bankruptcy and Insolvency, Oil & Gas, Property | Leave a comment

Using the Coercive Power of the State to Deal with Child Prostitution and Drug Abuse

Considered: Protection of Children Abusing Drugs Act, S.A. 2005, c. P-27.5; Protection of Sexually Exploited Children Act, R.S.A. 2000, c. P-30.3PDF Version: Using the Coercive Power of the State to Deal with Child Prostitution and Drug Abuse Canada’s laws dealing with … Continue reading

Posted in Youth and the Law | Leave a comment

Interim Costs Order Upheld in Language Rights Case

Cases considered: R. v. Caron, 2009 ABCA 34. PDF Version:  Interim Costs Order Upheld in Language Rights Case Gilles Caron was awarded interim costs in relation to expert and legal fees for a language rights claim that was eventually allowed … Continue reading

Posted in Access to Justice, Constitutional | 1 Comment

Challenging the Constitutionality and Applicability of the Sexual Offender Information Registry Act

Cases Considered: R. v. Warren, 2008 ABCA 436; R. v. Schultz, 2008 ABQB 679; R. v. Owusu, 2008 ABQB 715. PDF Version: Challenging the Constitutionality and Applicability of the Sexual Offender Information Registry Act The Sex Offender Information Registration Act, … Continue reading

Posted in Constitutional, Criminal, State Responses to Violence | Leave a comment

The sky is falling, let’s blame the royalty review

PDF Version:  The sky is falling, let’s blame the royalty review I have lived in Alberta and this city for nearly thirty years. During the fall of 2007 I thought that we had the best public policy debate that I … Continue reading

Posted in Natural Resources, Oil & Gas | Leave a comment