Category Archives: Administrative Law

What is the Test for Leave to Appeal from the Decision of a Regulatory Tribunal in Alberta?

By: Nigel Bankes PDF Version: What is the Test for Leave to Appeal from the Decision of a Regulatory Tribunal in Alberta? Case commented on: Judd v Alberta Energy Resources Conservation Board, 2014 ABCA 41 The provincial legislature has chosen … Continue reading

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Shell Jackpine Mine Expansion Project: The Mysterious Case of the Missing Justification

PDF Version: Shell Jackpine Mine Expansion Project: The Mysterious Case of the Missing Justification Document commented on: Decision Statement Issued under Section 54 of the Canadian Environmental Assessment Act, 2012 re: Shell Jackpine Mine Expansion Project (2013 ABAER 011/Decision 2013-011) … Continue reading

Posted in Administrative Law, Energy, Environmental | 1 Comment

Constitutional Questions and the Alberta Energy Regulator

PDF Version: Constitutional Questions and the Alberta Energy Regulator Decisions commented on: (1) ERCB Letter Decision, April 18, 2013, re Fort McKay First Nation, Notice of Question of Constitutional Law; (2) ERCB Letter decision, May 23, 2013, reasons for decision … Continue reading

Posted in Aboriginal, Administrative Law, Constitutional | 4 Comments

Update on the Sage-grouse, the Separation of Powers and the Rule of (Ineffective Environmental) Law(s)

PDF Version: Update on the Sage-grouse, the Separation of Powers and the Rule of (Ineffective Environmental) Law(s) Cases Considered: Alberta Wilderness Association v Canada (Attorney General), 2013 FCA 190, Wildlands League and Federation of Ontario Naturalists v Ministry of Natural … Continue reading

Posted in Administrative Law, Constitutional, Environmental, Protection of Species | 4 Comments

Who Gets the Final Say on a Mineral Royalty Calculation? And Some Grumbling on Standard of Review Analysis

PDF Version: Who Gets the Final Say on a Mineral Royalty Calculation? And Some Grumbling on Standard of Review Analysis Case considered: Saskatchewan (Ministry of Energy and Resources) v Areva Resources Canada Inc., 2013 SKCA 79 This comment looks at … Continue reading

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Of Killer Whales, Sage-grouse and the Battle Against (Madisonian) Tyranny

PDF version: Of Killer Whales, Sage-grouse and the Battle Against (Madisonian) Tyranny Cases commented on: Alberta Wilderness Association v Canada (Attorney General), 2013 FCA 190, Agraira v Canada (Public Safety and Emergency Preparedness), 2013 SCC 36, Canada (Fisheries and Oceans) v David … Continue reading

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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

Adapting and Using the Law in the Recovery from a Natural Disaster

PDF version: Adapting and Using the Law in the Recovery from a Natural Disaster Law on the Edge panel discussion commented on: “Law at the Limits: A Canterbury Tale: Adapting and Using the Law in the Recovery from a Natural Disaster” The … Continue reading

Posted in Administrative Law, Conferences | 1 Comment

Hop(p)s and Water: A Nice Little Water Rights Decision Out of British Columbia

PDF version: Hop(p)s and Water: A Nice Little Water Rights Decision Out of British Columbia Decision commented on: Carolyn Hopp v Assistant Regional Manager Water,  2012-WAT-033(a) (EAB). The Environmental Appeal Board (EAB) of British Columbia is starting to build up … Continue reading

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Supreme Court Renders Leave to Appeal Decisions in Several Alberta Cases

PDF version: Supreme Court Renders Leave to Appeal Decisions in Several Alberta Cases Cases considered: R v Mack, 2012 ABCA 42, leave to appeal granted, April 11, 2013 (SCC); Métis Nation of Alberta Region 1 v Joint Review Panel, 2012 … Continue reading

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