Author Archives: Arlene Kwasniak

About Arlene Kwasniak

Arlene J. Kwasniak B. Sc., M.A., LL.B., LL.M., is a Professor, Associate Dean (Research), and Graduate Program Director, in the Faculty of Law, University of Calgary. Arlene's graduate degrees are an M.A. (Philosophy) from Wayne State University (Detroit, Michigan) in 1975, a LL.B. from the University of Alberta (Edmonton) in 1980, and a LL.M. (Environmental and Natural Resources Law) from Lewis and Clark, Northwestern School of Law (Portland, Oregon) in 1992. Arlene's research and teaching areas are water law, public lands and natural resources law, environmental assessment law, municipal law, conservation and sustainability, interjurisidictional/watershed approaches to regulation, and development of and issues concerning economic instruments to attain sustainability goals. Arlene's books include Alberta Public Rangeland Law and Policy, A Conservation Easement Guide to Alberta, Reconciling Political and Ecosystem Borders: A Legal Map and Alberta Wetlands: A Law and Policy Guide. Arlene has published numerous articles in her research areas. She has served on a number of law and policy development committees including the Alberta Water Council, Wetlands Team which strove to develop new wetland policy for the province, the Alberta Water Management Review Committee which was instrumental in developing the Alberta Water Act, and the federal Regulatory Advisory Committee constituted under the Canadian Environmental Assessment Act to advise the federal Environment Minister on matters concerning environmental assessment in Canada.

The New Alberta Wetland Policy: White Area Wetlands, Just a Pawn in the Game?

PDF Version: The New Alberta Wetland Policy: White Area Wetlands, Just a Pawn in the Game? Policy commented on:  Alberta Wetland Policy On September 10, 2013, the Alberta Government released its new Alberta Wetland Policy (“New Wetland Policy”).  The release … Continue reading

Posted in Water Law | 3 Comments

The Responsible Energy Development Act and the Water Act – cloudy confluences

PDF version: The Responsible Energy Development Act and the Water Act – cloudy confluences After 18 consecutive hours of steamed debate Alberta Legislature passed Bill 2, the Responsible Energy Development Act, (REDA) into law on November 21st, 2012 (see Calgary … Continue reading

Posted in Environmental, Oil & Gas, Responsible Energy Development Act, Water Law | Leave a comment

Decapitating the Fisheries Act by removing the HADD: A Critique of the Rationale

PDF version: Decapitating the Fisheries Act  by removing the HADD: A Critique of the Rationale Decision considered: Federal government proposal to remove habitat protection from the Fisheries Act. The federal government of Canada proposes to remove the habitat protection provisions … Continue reading

Posted in Constitutional, Environmental, Natural Resources | 8 Comments

Blow over? Think twice before blaming it on the flu.

PDF version: Blow over? Think twice before blaming it on the flu.  Decision considered: R v Kasim, 2011 ABCA 236. The Respondent claimed to have drunk no more than 3 or 4 beers between 7 and 8:30 p.m. on September … Continue reading

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The Fading Federal Presence in Environmental Assessment and the Muting of the Public Interest Voice

PDF version: The Fading Federal Presence in Environmental Assessment and the Muting of the Public Interest Voice  Topic: Federal environmental assessment and effective public participation update Good environmental assessment followed by well crafted permits, regulation, monitoring and follow-up responsive to … Continue reading

Posted in Environmental | 1 Comment

Lack v. Alberta: Court Unmuddies and Advances Accretion Law

PDF version: Lack v. Alberta: Court Unmuddies and Advances Accretion Law  Case considered: Lack v. Alberta (Sustainable Resource Development), 2011 ABQB 379 Courts typically find the facts, ascertain the applicable law, and apply the law to the facts. When asked … Continue reading

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Innovative but controversial municipal bylaws survive challenges

PDF version: Innovative but controversial municipal bylaws survive challenges Case considered: Keller v. Municipal District of Bighorn No. 8, 2010 ABQB 362 This case is significant in three regards. First it raises the thorny issue of standard of review regarding … Continue reading

Posted in Administrative Law, Municipal Law | 1 Comment

The Eviscerating of Federal Environmental Assessment in Canada

Considered: Canadian Environmental Assessment Act, S.C. 1992, c. 37 Regulations Amending the Exclusion List Regulations, SOR/2009-88 Infrastructure Projects Environmental Assessment Adaptation Regulations, SOR/2009-89 Regulations and Regulatory Impact Analysis Statement PDF Version: The Eviscerating of Federal Environmental Assessment in Canada Introduction … Continue reading

Posted in Environmental | 1 Comment

Queen’s Bench Boosts Municipal Bylaw Making Powers

Cases Considered: William Holowatiuk v. Beaver County, 2008 ABQB 290 PDF Version: Queen’s Bench Boosts Municipal Bylaw Making Powers This decision takes a broad view of municipal powers granted under the Alberta Municipal Government Act (R.S.A. 2000, c. M-26) (MGA). … Continue reading

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Andriet v. County of Strathcona No. 20: Court of Appeal Conjures a Creative Accretion Approach

Cases Considered: Andriet v. County of Strathcona No. 20, 2008 ABCA 27 PDF Version: Andriet v. County of Strathcona No. 20: Court of Appeal Conjures a Creative Accretion Approach In this important reserved judgment, the Alberta Court of Appeal applied … Continue reading

Posted in Property, Water Law | Tagged , , | 1 Comment