Monthly Archives: December 2010

Sliding Down the Slippery Slope

PDF version: Sliding Down the Slippery Slope Case considered: R. v. Loewen, 2010 ABCA 255 In the area of national security, the years since the attacks of September 11, 2001, have been characterized by an increased dominance of state power … Continue reading

Posted in Constitutional, Criminal | 4 Comments

Accommodation for Family Status Required by Federal Human Rights Tribunal for Three Alberta Women

PDF version: Accommodation for Family Status Required by Federal Human Rights Tribunal for Three Alberta Women   Cases considered: Cindy Richards v Canadian National Railway, 2010 CHRT 24; Kasha Whyte v Canadian National Railway, 2010 CHRT 22; Denise Seeley v Canadian … Continue reading

Posted in Human Rights | Leave a comment

Using water reservations to protect the aesthetic values associated with water courses: a note on the Spray River (Banff)

 PDF version: Using water reservations to protect the aesthetic values associated with water courses: a note on the Spray River (Banff) Documents commented on: Order in Council 546\49; South Saskatchewan Basin Water Allocation Regulation, Alta. Reg. 307/1991 (rescinded by Bow, … Continue reading

Posted in Constitutional, Water Law | 4 Comments

CCS and CDM: the eligibility of carbon capture and storage projects under the clean development mechanism of the Kyoto Protocol – the Cancun Meeting of the Conference of the Parties

PDF version: CCS and CDM: the eligibility of carbon capture and storage projects under the clean development mechanism of the Kyoto Protocol – the Cancun Meeting of the Conference of the Parties Decision commented on: UNFCCC, Kyoto Protocol, CoP\MoP Decision … Continue reading

Posted in Carbon Capture and Storage, Climate Change, International Law | 1 Comment

Interpreting Section 15(2) of the Charter: LEAF’s Intervention in Alberta (Minister of Aboriginal Affairs and Northern Development) v. Cunningham

PDF version: Interpreting Section 15(2) of the Charter: LEAF’s Intervention in Alberta (Minister of Aboriginal Affairs and Northern Development) v. Cunningham  Case considered: Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development), et al. … Continue reading

Posted in Aboriginal, Constitutional, Supreme Court of Canada | Leave a comment

The Continued Complexity of Administrative Law post-Dunsmuir

PDF version:The Continued Complexity of Administrative Law post-Dunsmuir  Cases considered: Mitzel v. Alberta (Law Enforcement Review Board), 2010 ABCA 336; Calgary (City) v. Alberta (Municipal Government Board), 2010 ABQB 719 The Supreme Court’s judgment in Dunsmuir v. New Brunswick, 2008 … Continue reading

Posted in Administrative Law | Leave a comment

What is the applicable standard of review in assessing the adequacy of reasons?

PDF version: What is the applicable standard of review in assessing the adequacy of reasons?  Case considered: Calgary (City) v Alberta (Municipal Government Board), 2010 ABQB 719 This decision concerns an appeal by the City of Calgary from an order … Continue reading

Posted in Administrative Law, Municipal Law | 2 Comments

Little Salmon and the juridical nature of the duty to consult and accommodate

PDF version: Little Salmon and the juridical nature of the duty to consult and accommodate  Case commented on: Beckman v Little/Salmon Carmacks First Nation, 2010 SCC 53 This is the first decision of the Supreme Court of Canada to deal … Continue reading

Posted in Aboriginal, Supreme Court of Canada | Leave a comment

The Energy Resources Conservation Board proposes to repeal provincial legislation

Proposal commented on: ERCB Bulletin 2010 – 42, Invitation for Feedback on Draft Legislative Amendments for Removing Industrial Development Permits for Energy Resource Use Yes. That’s right. In Bulletin 2010-42 issued on December 2, 2010 the ERCB announced that it … Continue reading

Posted in Administrative Law, Natural Resources | Leave a comment

Domestic Violence and Provocation: The Door Remains Open

PDF version: Domestic Violence and Provocation: The Door Remains Open  Case Considered: R. v. Tran, 2010 SCC 58 The Supreme Court’s most recent decision, R. v. Tran, is an Alberta case I commented on at the Court of Appeal level. … Continue reading

Posted in Criminal, State Responses to Violence, Supreme Court of Canada | 1 Comment