Author Archives: Shaun Fluker

About Shaun Fluker

B.Comm. (Alberta), LL.B. (Victoria), LL.M. (Calgary). Associate Professor. Please click here for more information.

Habitat Protection for the Westslope Cutthroat Trout in Alberta

By: Shaun Fluker PDF Version: Habitat Protection for the Westslope Cutthroat Trout in Alberta Matter Commented On: Critical Habitat of the Westslope Cutthroat Trout (Oncorhynchus clarkii lewisi) Alberta Population Order, SOR/2014-241 (November 20, 2015) On December 2, 2015, the Minister … Continue reading

Posted in Protection of Spaces | 1 Comment

Impaired Driving and Approved Screening Devices

By: Shaun Fluker, Elliot Holzman, and Ian Pillai PDF Version: Impaired Driving and Approved Screening Devices Case Commented On: Goodwin v British Columbia (Superintendent of Motor Vehicles), 2015 SCC 46; Wilson v British Columbia (Superintendent of Motor Vehicles), 2015 SCC … Continue reading

Posted in Constitutional, Criminal, Statutory Interpretation, Supreme Court of Canada | Leave a comment

Court of Appeal Affords Deference to Alberta Securities Commission in Platinum Equities Case

By: Shaun Fluker PDF Version: Court of Appeal Affords Deference to Alberta Securities Commission in Platinum Equities Case Case Commented On: Alberta (Securities Commission) v Chandran, 2015 ABCA 323 In February 2014 the Alberta Securities Commission found that Shariff Chandran … Continue reading

Posted in Administrative Law, Securities | Leave a comment

What Happens When an Insolvent Energy Company Fails to Pay its Surface Rent to a Landowner? Part 2

By: Shaun Fluker PDF Version: What Happens When an Insolvent Energy Company Fails to Pay its Surface Rent to a Landowner? Part 2 Cases Commented On: PetroGlobe Inc v Lemke, 2015 ABSRB 740; Portas v PetroGlobe Inc, 2015 ABSRB 708; … Continue reading

Posted in Oil & Gas | Leave a comment

The Fundamentals of Tribunal Standing and Bootstrapping in Judicial Review

By: Shaun Fluker PDF Version: The Fundamentals of Tribunal Standing and Bootstrapping in Judicial Review Case Commented On: Ontario (Energy Board) v Ontario Power Generation Inc., 2015 SCC 44 In Ontario (Energy Board) v Ontario Power Generation Inc. the Supreme … Continue reading

Posted in Administrative Law, Supreme Court of Canada | Leave a comment

The Niqab, the Oath of Citizenship, and the Blurry Line between Law and Policy

By: Shaun Fluker PDF Version: The Niqab, the Oath of Citizenship, and the Blurry Line between Law and Policy Case Commented On: Canada (Citizenship and Immigration) v Ishaq, 2015 FCA 194 Canada (Citizenship and Immigration) v Ishaq involves a challenge … Continue reading

Posted in Immigration and Refugee Law | 1 Comment

What Policy Direction should Alberta Follow on Carbon Emissions?

By: Shaun Fluker PDF Version: What Policy Direction should Alberta Follow on Carbon Emissions? Matter Commented On: Climate Leadership – Discussion Document (Government of Alberta, August 2015) Alberta’s Climate Change Advisory Panel is seeking public input on what direction provincial … Continue reading

Posted in Climate Change | 1 Comment

At Long Last – Legal Protection for the Castle Wilderness

By: Shaun Fluker PDF Version: At Long Last – Legal Protection for the Castle Wilderness Matter Commented On: Alberta Environment and Parks, News Release “Province to fully protect Castle area” (September 4, 2015) On September 4 the Alberta government announced … Continue reading

Posted in Protection of Spaces | 1 Comment

Justice for the Western Chorus Frog?

By: Shaun Fluker PDF Version: Justice for the Western Chorus Frog? Case Commented On: Centre Québécois du droit de l’environnement v Canada (Environment), 2015 FC 773 (CanLII), TransCanada PipeLines Limited King’s North Connection Pipeline Project (July 2015), GHW-001-2014 (National Energy … Continue reading

Posted in Protection of Species | 1 Comment

Statutory Interpretation and the Traffic Safety Act

By: Shaun Fluker PDF Version: Statutory Interpretation and the Traffic Safety Act Case Commented On: R v Kirollos, 2015 ABQB 474 Anyone who drives a vehicle in Alberta knows the law requires the vehicle be registered and insured. The two … Continue reading

Posted in Provincial Court | Leave a comment