Author Archives: Alastair Lucas, Q.C.

About Alastair Lucas, Q.C.

B.A., LL.B., (Alta.), LL.M., (Br. Col.). Professor. Member of the Alberta Bar. Please click here for more information.

Doctors Affected by Hospital Unit Closure Have Minimal Procedural Fairness Rights: Public Program Discretion Tops Individual Procedural Rights

PDF version: Doctors Affected by Hospital Unit Closure Have Minimal Procedural Fairness Rights: Public Program Discretion Tops Individual Procedural Rights Cases Considered: MacDonald v Alberta Health Services, 2013 ABQB 404. It is tempting to view the Alberta Queen’s Bench decision in MacDonald … Continue reading

Posted in Administrative Law, Health Law | 1 Comment

Peter Lougheed’s Section 92A

PDF version: Peter Lougheed’s Section 92A Commenting on: the legacy of section 92A of the Constitution Act, 1982 “Exclusive” power of provincial legislatures to make laws for “exploration”; “development, conservation and management” of provincial non-renewable resources and forestry resources. Provinces … Continue reading

Posted in Constitutional, Oil & Gas | 3 Comments

A National Securities Regulator? – No way! says the Alberta Court of Appeal

PDF version: A National Securities Regulator? – No way! says the Alberta Court of Appeal  Case considered: Reference Re Securities Act (Canada), 2011 ABCA 77 Can the federal government pass legislation to establish and empower a national securities regulator? Essentially, … Continue reading

Posted in Constitutional, Securities | 2 Comments

The Rubber Hits the Road on Provincial Jurisdiction over Transportation Undertakings

Case Considered: Consolidated Fastfrate Inc. v. Western Canada Council of Teamsters, 2009 SCC 53 PDF version:  The Rubber Hits the Road on Provincial Jurisdiction over Transportation Undertakings The Supreme Court of Canada, in a 6-3 decision late last year, came … Continue reading

Posted in Constitutional, Natural Resources | Leave a comment

Climate Change Legislation – Waiting for Obama; or Just Waiting

PDF version:   Climate Change Legislation – Waiting for Obama; or Just Waiting Shaun Fluker’s environmental law non-event of the past decade  focused on case law (or lack thereof). My review of climate change legislation continues Shaun’s theme. We waited for federal … Continue reading

Posted in Climate Change, Environmental | Leave a comment

“Improper Jumps in Reasoning” on Judicial Disqualification says Court of Appeal

Cases Considered: Boardwalk REIT LLP v. Edmonton (City), 2008 ABCA 176 PDF Version: “Improper Jumps in Reasoning” on Judicial Disqualification says Court of Appeal Enough already! That’s the Alberta Court of Appeal’s message on judicial disqualification applications. The court is … Continue reading

Posted in Administrative Law, Municipal Law | Leave a comment

Provincial Court Judges’ Professional Allowances and Judicial Independence

Cases Considered: Reilly v The Chief Judge of the Provincial Court of Alberta, 2008 ABCA 72, PDF Version: Provincial Court Judges’ Professional Allowances and Judicial Independence Provincial Court Judge John Reilly requested the approval of the Chief Judge of the … Continue reading

Posted in Constitutional, Provincial Court | Leave a comment