Author Archives: Nigel Bankes

About Nigel Bankes

B.A., M.A. (Cantab.), LL.M., (Br.Col.). Professor. Member of the Alberta Bar. Professor Bankes is a professor at the University of Calgary, Faculty of Law. His teaching and research fall in the areas of resources law, aboriginal law and international environmental law. Professor Bankes was seconded to the Department of Foreign Affairs and International Trade as professor-in-residence during the academic year 1999-2000. During that time, Professor Bankes worked on the negotiation of a number of multilateral environmental agreements.

The Federal Renewable Fuels Regulations Survive an Aggressive and Comprehensive Challenge from Syncrude

By: Nigel Bankes PDF Version: The Federal Renewable Fuels Regulations Survive an Aggressive and Comprehensive Challenge from Syncrude Case commented on: Syncrude Canada Ltd. v Attorney General of Canada, 2014 FC 776 In the dog days of summer (August 6, … Continue reading

Posted in Climate Change, Environmental | 3 Comments

What happens when A sells B a working interest in the thermal or enhanced production from an oil and gas property and A or its successors in interest continue with primary production?

By: Nigel Bankes PDF version: What happens when A sells B a working interest in the thermal or enhanced production from an oil and gas property and A or its successors in interest continue with primary production? Case Considered: IFP … Continue reading

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Grassy Narrows, Division of Powers and International Law

By: Nigel Bankes PDF Version: Grassy Narrows, Division of Powers and International Law Case commented on: Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48 This post discusses two issues arising from the Supreme Court’s decision in Grassy … Continue reading

Posted in Aboriginal, Constitutional, International Law | 2 Comments

Canada and Nova Scotia Finalize Equivalency Agreement on the Control of Greenhouse Gas Emissions in the Electricity Sector

By: Nigel Bankes PDF Version: Canada and Nova Scotia Finalize Equivalency Agreement on the Control of Greenhouse Gas Emissions in the Electricity Sector Documents commented on:  Agreement on the Equivalency of Federal and Nova Scotia Regulations for the Control of … Continue reading

Posted in Climate Change, Energy, Environmental | 1 Comment

Competition for Underground Disposal Space

By: Nigel Bankes PDF Version: Competition for Underground Disposal Space Decision commented on: Alberta Energy Regulator, Canadian Natural Resources Limited, Application for Disposal, Lloydminster Field, 2014 ABAER 008 Previous posts on ABlawg have commented on sub-surface resource conflicts especially as … Continue reading

Posted in Oil & Gas | Leave a comment

What Does Radical Title Add to the Concept of Sovereignty?

By: Nigel Bankes and Jonnette Watson Hamilton PDF Version: What Does Radical Title Add to the Concept of Sovereignty? Case commented on: Tsilhqot’in Nation v British Columbia, 2014 SCC 44 The Crown’s radical title plays a larger role in the … Continue reading

Posted in Aboriginal, Constitutional, Property | Leave a comment

Leave to Intervene Denied in an Appeal of an Important Freehold Oil and Gas Lease Case

By: Nigel Bankes PDF Version: Leave to Intervene Denied in an Appeal of an Important Freehold Oil and Gas Lease Case Case commented on: Stewart Estate (Re), 2014 ABCA 222 The Freehold Petroleum and Natural Gas Owners Association (FHOA) applied … Continue reading

Posted in Intervenors and Standing, Oil & Gas | 1 Comment

Tsilhqot’in: What Happened to the Second Half of Section 91(24) of the Constitution Act, 1867?

By: Nigel Bankes and Jennifer Koshan PDF Version: Tsilhqot’in: What Happened to the Second Half of Section 91(24) of the Constitution Act, 1867? Case commented on: Tsilhqot’in Nation v British Columbia, 2014 SCC 44 The Delgamuukw decision of the Supreme … Continue reading

Posted in Aboriginal, Constitutional | 1 Comment

Sealing: It’s a Moral Not a Technical Issue and Animals Outweigh Indigenous Communities

By: Elizabeth Whitsitt and Nigel Bankes PDF Version: Sealing: It’s a Moral Not a Technical Issue and Animals Outweigh Indigenous Communities Decision commented on: World Trade Organization, Appellate Body Report – European Communities – Measures Prohibiting the Importation and Marketing … Continue reading

Posted in International Law | Leave a comment

Court of Appeal Confirms the Availability of a Disgorgement Remedy as a Possible Means of Assessing Damages for Breach of a Modern Land Claim Agreement

By: Nigel Bankes PDF Version:Court of Appeal Confirms the Availability of a Disgorgement Remedy as a Possible Means of Assessing Damages for Breach of a Modern Land Claim Agreement Case commented on: Nunavut Tunngavik Incorporated v Canada (Attorney General), 2014 … Continue reading

Posted in Aboriginal, Remedies | Leave a comment