Monthly Archives: April 2009

Rule of Law, Deference and Contempt: Another Chapter in the Black Bear Crossing Dispute

Case Considered: Tsuu T’ina Nation v. Frasier, 2009 ABCA 140 PDF version: Rule of Law, Deference and Contempt: Another Chapter in the Black Bear Crossing Dispute The dispute between the three remaining residents of Black Bear Crossing (BBC) and the … Continue reading

Posted in Aboriginal, Constitutional | 1 Comment

How does a complainant prove that he/she has experienced racial discrimination?

Case Considered: Workeneh v. 922591 Alberta Ltd., 2009 ABQB 191 PDF version: How does a complainant prove that he/she has experienced racial discrimination? The Workeneh case draws attention to the challenges of proving that a complainant has been discriminated against … Continue reading

Posted in Human Rights | Leave a comment

Gender Reassignment Surgery, Human Rights, and the Minister

Legislation Considered: Human Rights, Citizenship and Multiculturalism Act, R.S.A. 2000, c.H-14 PDF Version: Gender Reassignment Surgery, Human Rights, and the Minister When the Alberta government introduced its budget on April 7, 2009, one of its cuts was to de-insure new gender … Continue reading

Posted in Human Rights | 1 Comment

Rights of first refusal in a package sale of oil and gas properties: a follow up to Chase Manhattan

Cases considered: Bearspaw Petroleum Ltd. v. ConocoPhillips Western Canada Partnership, unreported judgement of Master Hanebury, February 26, 2009 Bearspaw Petroleum Ltd. v. ConocoPhillips Western Canada Partnership, 2009 ABQB 202 (Master in Chambers) PDF version: Rights of first refusal in a … Continue reading

Posted in Oil & Gas | Leave a comment

Employee Alcohol and Drug Testing Once Again At Issue

Case Considered: United Association of Journeyman and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 488 v. Bantrel Constructors Co., 2009 ABCA 84 PDF Version: Employee Alcohol and Drug Testing Once Again At Issue … Continue reading

Posted in Human Rights, Labour/Employment | 5 Comments

The Tromsø meeting of the parties to the 1973 Agreement on the Conservation of Polar Bears: a comment on three aspects of the meeting report

Document considered: Meeting of the parties to the 1973 Agreement on the Conservation of Polar Bears, Tromsø, Norway, 17 – 19 March 2009 Outcome of Meeting PDF Version: The Tromsø meeting of the parties to the 1973 Agreement on the Conservation … Continue reading

Posted in Climate Change, Environmental, International Law, Protection of Species | Leave a comment

New Legislation on Film and Video Classification Garners Little Attention

Legislation Considered: Film and Video Classification Act, S.A. 2008 c. F-11.5 PDF Version: New Legislation on Film and Video Classification Garners Little Attention Without much attention or fanfare, the Film and Video Classification Act (“FVCA“), S.A. 2008 c. F-11.5 received … Continue reading

Posted in Constitutional, Human Rights | Leave a comment

Extraordinary times justify extraordinary remedies: interim measures under the AIPN standard form operating agreement

Cases Considered: BG International Limited v. Canadian Superior Energy Inc., 2009 ABCA 127  BG International Limited v. Canadian Superior Energy Inc., 2009 ABCA 73 (Justice Carole Conrad, chambers)  PDF Version: Extraordinary times justify extraordinary remedies: interim measures under the AIPN … Continue reading

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

Freedom of Expression, Universities and Anti-Choice Protests

PDF version: Freedom of Expression, Universities and Anti-Choice Protests Anti-abortion protestors were back in force at the University of Calgary the last week of March following news that on March 16, they pleaded not guilty to trespassing charges laid against … Continue reading

Posted in Constitutional, Human Rights | 5 Comments

The protection of potable ground water through a purposive or objective approach to regulation

Case Considered: ERCB Decision 2009-029, CCS Corporation, Section 40 Review and Variance of Application No. 1515213, Class 1b Waste Disposal Scheme, Well 00/09-01-048-14W5M, Brazeau River, March 24, 2009 PDF version: The protection of potable ground water through a purposive or objective … Continue reading

Posted in Administrative Law, Oil & Gas, Water Law | Leave a comment