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.

Bill 1, Respecting Property Rights Act: A Damp Squib and a Good Thing Too

By: Nigel Bankes PDF Version: Bill 1, Respecting Property Rights Act: A Damp Squib and a Good Thing Too Bill Commented On: Bill 1: Respecting Property Rights Act The good news about Bill 1 for those with communitarian views is … Continue reading

Posted in Property | 2 Comments

Judicial Supervision of the National Energy Board (NEB): The Federal Court of Appeal Defers to the NEB on Key Decisions

By: Nigel Bankes PDF Version: Judicial Supervision of the National Energy Board (NEB): The Federal Court of Appeal Defers to the NEB on Key Decisions Cases Commented On: Forest Ethics Advocacy Association and Donna Sinclair v National Energy Board, 2014 … Continue reading

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Gross Negligence and Set-off Rights under the 2007 CAPL Operating Procedure

By: Nigel Bankes PDF Version: Gross Negligence and Set-off Rights under the 2007 CAPL Operating Procedure Case Commented On: Bernum Petroleum Ltd v Birch Lake Energy Inc., 2014 ABQB 652; unreported transcript of reasons of Master Robertson, July 31, 2013 … Continue reading

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The Uncertain Status of the Doctrine of Interjurisdictional Immunity on Reserve Lands

By: Nigel Bankes and Jennifer Koshan PDF Version: The Uncertain Status of the Doctrine of Interjurisdictional Immunity on Reserve Lands Case Commented On: Sechelt Indian Band v. British Columbia (Manufactured Home Park Tenancy Act, Dispute Resolution Officer), 2013 BCCA 262, … Continue reading

Posted in Aboriginal, Constitutional | 1 Comment

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

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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

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