Monthly Archives: August 2011

Da’naxda’xw/Awaetlala

PDF version: Da’naxda’xw/Awaetlala  Case considered: Da’naxda’xw/Awaetlala First Nation v British Columbia (Environment), 2011 BCSC 620 (“Da’naxda’xw/Awaetlala“) In the Da’naxda’xw/Awaetlala case, Madam Justice Fisher was faced with a different type of duty to consult and accommodate issue. While this is a … Continue reading

Posted in Aboriginal | 1 Comment

A New Concord Between Bar and Academy? The Governor General’s Speech to the Canadian Bar Association

PDF version: A New Concord Between Bar and Academy? The Governor General’s Speech to the Canadian Bar Association It is hardly an everyday occurrence for a viceroy to call publicly for a meeting with law deans to talk about legal … Continue reading

Posted in Access to Justice, Ethics and the Legal Profession | 1 Comment

First Nation treaty obligations should inform the interpretation of discretionary powers under the Species at Risk Act

PDF version: First Nation treaty obligations should inform the interpretation of discretionary powers under the Species at Risk Act  Case commented on: Adam v Canada (Environment), 2011 FC 962 Woodland caribou are listed as threatened under the Species at Risk … Continue reading

Posted in Aboriginal, Environmental | Leave a comment

Greater Rights for Métis Settlements in Alberta?

PDF version: Greater Rights for Métis Settlements in Alberta? Case considered: Alberta (Aboriginal Affairs and Northern Development) v Cunningham, 2011 SCC 37 Editor’s note: For pre-SCC ABlawg posts on this case see: Jonnette Watson Hamilton, Interpreting Section 15(2) of the … Continue reading

Posted in Aboriginal | Leave a comment

The Court confirms that coalbed methane forms part of the natural gas title and not the coal title

PDF version: The Court confirms that coalbed methane forms part of the natural gas title and not the coal title Case considered: Encana Corporation v ARC Resources Ltd., 2011 ABQB 431 In 2010 the provincial legislature amended the Mines and … Continue reading

Posted in Oil & Gas, Uncategorized | 1 Comment

Second edition of JSS Barristers Rules now available

As noted in a previous post, JSS Barristers is providing summaries of cases considering the new Alberta Rules of Court, Alta. Reg. 124/2010, in a newsletter called JSS Barristers Rules. The second edition of the newsletter is available here. Of … Continue reading

Posted in Civil Procedure: New Rules of Court | Leave a comment

Unauthorized practice and access to justice

PDF version: Unauthorized practice and access to justice  Case considered: Lameman v Alberta, 2011 ABQB 396 The Beaver Lake Cree Nation have commenced an action against the federal and provincial Crowns claiming that their treaty rights have been infringed by … Continue reading

Posted in Access to Justice, Ethics and the Legal Profession | Leave a comment

Tenant Cannot Unilaterally Withhold Rent Because of Unsanitary Living Conditions

Case Considered: Herman v. Boardwalk Rental Communities, 2011 ABQB 394  Introduction Questions often arise about whether a tenant can refuse to pay rent because of something the landlord has or has not done, or because of the condition of the … Continue reading

Posted in Property | Leave a comment