Author Archives: Arlene Kwasniak

About Arlene Kwasniak

Professor Emerita of Law. Member of the Alberta Bar. Please click here for more information.

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, Fisheries Regulation, 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

Posted in Criminal | Leave a comment

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

Posted in Property | Leave a comment

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

Posted in Municipal Law | Leave a comment

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