Monthly Archives: September 2009

Gay fathers not seen as a parental unit under the Family Law Act

Cases Considered: D.W.H. v. D.J.R., 2009 ABQB 438 PDF Version: Gay fathers not seen as a parental unit under the Family Law Act The law is still unclear when dealing with gay and lesbian parental units. These families slip through … Continue reading

Posted in Family | Leave a comment

Preliminary thoughts on the First Nations Oil and Gas and Moneys Management Act

Legislation Considered: First Nations Oil and Gas and Moneys Management Act, S.C. 2005, c.48 PDF Version: Preliminary thoughts on the First Nations Oil and Gas and Moneys Management Act The First Nations Oil and Gas and Moneys Management Act, S.C. … Continue reading

Posted in Aboriginal | Leave a comment

Alberta’s Hate Speech Law Under Challenge

Case considered: Boissoin and the Concerned Christian Coalition Inc. v. Lund, currently before the Alberta Court of Queen’s Bench PDF version: Alberta’s Hate Speech Law Under Challenge There has been much talk recently of whether hate speech laws are properly … Continue reading

Posted in Constitutional, Human Rights | 4 Comments

R. v. Syncrude Canada: The Case of The 500 (or was that 1600) Dead Ducks

PDF Version:  R. v. Syncrude Canada: The Case of The 500 (or was that 1600) Dead Ducks In a Provincial Court appearance on September 14, 2009, Syncrude Canada pled not guilty to charges laid by Alberta Environment and Environment Canada … Continue reading

Posted in Constitutional, Environmental | 2 Comments

Supreme Court of Canada undermines Trial Judges’ discretion under Charter s. 24(1)

Cases Considered: Bjelland v. The Queen, 2009 SCC 38 PDF Version: Supreme Court of Canada undermines Trial Judges’ discretion under Charter s. 24(1) In Bjelland v. The Queen, 2009 SCC 38, the Supreme Court of Canada considered the question of … Continue reading

Posted in Constitutional, Criminal | Leave a comment

Williston Wildcatters: bluster no substitute for reasons and yet another judicially created leave and licence

Case considered: Montreal Trust Co v. Williston Wildcatters Corp., 2009 SKCA 85 PDF version: Williston Wildcatters: bluster no substitute for reasons and yet another judicially created leave and licence Over the last decade we have seen litigation in both Saskatchewan … Continue reading

Posted in Oil & Gas | Leave a comment

Not Your Usual Self-Represented Litigant?

Case considered: Conway v. Zinkhofer, 2009 ABQB 417 PDF version: Not Your Usual Self-Represented Litigant? The perception within the justice system is that self-represented litigants have below average literacy and comprehension levels: see the Alberta Self-Represented Litigants Mapping Project, Final … Continue reading

Posted in Civil Procedure and Evidence | Leave a comment

Post-Kapp Decision May Indicate the Way Discrimination will be Determined in Human Rights Cases

Case Considered: Van Der Smit v. Alberta (Human Rights and Citizenship Commission), 2009 ABQB 121 PDF Version: Post-Kapp Decision May Indicate the Way Discrimination will be Determined in Human Rights Cases In the past few years, the application to human … Continue reading

Posted in Constitutional, Human Rights | 4 Comments