Author Archives: Shaun Fluker

About Shaun Fluker

BComm (Alta.), LLB (Vic.), LLM (Calg.) Assistant Professor, Member of the Alberta Bar. Professor Fluker joined the University of Calgary Faculty of Law in July 2007, and he has been a member of the Alberta Bar since 1996. His teaching and research interests are in environmental law and ethics, regulatory theory, natural resources regulation, and administrative law. In his LLM thesis and several subsequent publications, Professor Fluker has examined the principle of ecological integrity and its application in provincial energy and federal parks legislation. Prior to joining the Faculty, Professor Fluker spent two years with the Alberta Securities Commission working on a national project to reform securities market regulation in Canada. He is an executive member of the environmental law and administrative law subsections of the Canadian Bar Association - Alberta South.

Species at risk and an adjustment clause

Posted on April 23, 2013 by

PDF version: Species at risk and an adjustment clause Case Considered: Matichuk v Quattro Holdings Ltd, 2013 ABQB 164. The case of Matichuk v Quattro Holdings Ltd involves a contractual dispute over the sale of a parcel of agricultural land in … Continue reading →

Posted in Contracts, Environmental | Leave a comment

Migratory Birds and the City

Posted on February 25, 2013 by

PDF version: Migratory Birds and the City Decision considered: Podolsky v Cadillac Fairview Corp. [2013] O.J. No. 581 (QL) [Note as of date of writing this decision is not available online at Canlii or the Ontario Court of Justice] In … Continue reading →

Posted in Environmental, Protection of Species | 2 Comments

No Public Interest Standing at the Alberta Environmental Appeals Board

Posted on February 15, 2013 by

PDF version: No Public Interest Standing at the Alberta Environmental Appeals Board Decisions Considered: Alberta Wilderness Association v Alberta (Environmental Appeal Board), 2013 ABQB 44; Water Matters Society of Alberta et al. v. Director, Southern Region, Operations Division, Alberta Environment … Continue reading →

Posted in Environmental, Intervenors and Standing, Water Law | 1 Comment

How the Canadian Forces defended the Sprague’s Pipit

Posted on December 13, 2012 by

PDF version: How the Canadian Forces defended the Sprague’s Pipit Decisions considered: Decision Statement issued November 30, 2012 re: Cenovus (formerly EnCana) Shallow Gas Infill Development Project proposed for the Suffield National Wildlife Area, online here. Re: EnCana Shallow Gas … Continue reading →

Posted in Environmental | Leave a comment

Bill 2 and its implications for landowner participation in energy project decision-making

Posted on November 13, 2012 by

PDF version: Bill 2 and its implications for landowner participation in energy project decision-making Bill commented on: Bill 2, Responsible Energy Development Act, The Legislative Assembly of Alberta, First Session, 28th Legislature I find it strange to be writing in … Continue reading →

Posted in Administrative Law, Environmental, Natural Resources, Oil & Gas, Responsible Energy Development Act | Leave a comment

Bill 2 Responsible Energy Development Act: Setting the stage for the next 50 years of effective and efficient energy resource regulation and development in Alberta

Posted on November 8, 2012 by

PDF version: Bill 2 Responsible Energy Development Act: Setting the stage for the next 50 years of effective and efficient energy resource regulation and development in Alberta Bill commented on: Bill 2, Responsible Energy Development Act, The Legislative Assembly of … Continue reading →

Posted in Administrative Law, Environmental, Natural Resources, Oil & Gas, Responsible Energy Development Act | 3 Comments

Access to Justice: University of Calgary Environmental Law Clinic in 2011/2012 – “What’s legal is not always what is just” – Rick Collier

Posted on August 20, 2012 by

PDF version: Access to Justice: University of Calgary Environmental Law Clinic in 2011/2012 – “What’s legal is not always what is just” – Rick Collier Case and Decision considered: Kelly v Alberta (Energy Resources Conservation Board), 2012 ABCA 19, Hohloch … Continue reading →

Posted in Administrative Law, Environmental, Intervenors and Standing, Water Law | Leave a comment

The need to explain yourself before imposing discipline under the law

Posted on May 17, 2012 by

PDF version: The need to explain yourself before imposing discipline under the law Case considered: Pridgen v University of Calgary, 2012 ABCA 139 The Alberta Court of Appeal recently issued its judgment in the appeal by the University of Calgary … Continue reading →

Posted in Administrative Law | Leave a comment

Giving deference to the adequacy of reasons in Alberta

Posted on January 24, 2012 by

Case considered: Calgary (City) v Alberta (Municipal Government Board), 2012 ABCA 13 On January 16, 2012 the Alberta Court of Appeal issued a judgment that applies the Supreme Court of Canada’s decision in Newfoundland and Labrador Nurses’ Union v Newfoundland … Continue reading →

Posted in Administrative Law | Leave a comment

Giving deference to the adequacy of reasons

Posted on December 28, 2011 by

PDF version: Giving deference to the adequacy of reasons Case considered: Newfoundland and Labrador Nurses’ Union v Newfoundland and Labrador (Treasury Board), 2011 SCC 62 Earlier this month the Supreme Court of Canada issued its decision in Newfoundland and Labrador … Continue reading →

Posted in Administrative Law | 2 Comments