2009 – Page 4

Reasonable or resolute? Musings on the obligation of lawyers to grant reasonable requests for extensions

Moose Mountain Buffalo Ranch and Greene Farms Drilling Ltd. entered into a contractual agreement pursuant to which Greene Farms undertook to service a deep water well and drill for water on lands owned by Moose Mountain. The lands are in Saskatchewan, and Greene Farms operates in Saskatchewan, but Greene Farms is extra-provincially registered in Alberta.

What Counts as “Sexual Abuse” under the Protection Against Family Violence Act?

By Jennifer Koshan

On November 5, 2009

In Family, State Responses to Violence

Cases considered: L.L.S. v. W.M.C., 2009 ABQB 527

PDF version: What Counts as “Sexual Abuse” under the Protection Against Family Violence Act?

Justice Donald Lee has written another decision dealing with a definitional issue under the Protection Against Family Violence Act, R.S.A. 2000, c.P-27 (PAFVA). In L.L.S. v. W.M.C., 2009 ABQB 527, Justice Lee had to consider whether to confirm an Emergency Protection Order (EPO) constraining a father’s access to his children because the father was watching pornography and openly engaging in sexual behaviours in the presence of his children. Unfortunately, Justice Lee concluded that this behaviour did not amount to “sexual abuse” without endeavouring to define the term. Further, the case highlights concerns about the interplay between child welfare legislation, custody and access laws and the PAFVA.

Motion for Re-hearing of Hutterian Brethren Case Dismissed by Supreme Court of Canada

By Jennifer Koshan

On October 29, 2009

In Constitutional, Supreme Court of Canada

Cases considered: Alberta v. Hutterian Brethren of Wilson Colony, 2009 SCC 37

PDF version: Motion for Re-hearing of Hutterian Brethren Case Dismissed by Supreme Court of Canada

On October 15, 2009 the Supreme Court of Canada denied a motion to re-hear the case of Alberta v. Hutterian Brethren of Wilson Colony, 2009 SCC 37. In that case, a majority of the Supreme Court denied the Hutterian Brethren’s claim that its members should be exempted from provincial photo requirements for driver’s licences based on freedom of religion. The Supreme Court did not provide any reasons for its decision, stating only as follows in a news release:

Legal ethics and academic freedom?

By Alice Woolley

On October 27, 2009

In Ethics and the Legal Profession, Legal Education

Considered: Task Force on the Canadian Common Law Degree Final Report

PDF version: Legal ethics and academic freedom?

Introduction

Last week the Federation of Law Societies issued the “Final Report” of its Task Force on the Canadian Common Law Degree. The Final Report is the third document issued by the Task Force, the first being an initial Consultation Paper in September 2008, the second being its Interim Report issued in March 2009.

The role of a limitations defence in a judicial review application involving the Crown’s duty to consult

By Nigel Bankes

On October 26, 2009

In Aboriginal, Civil Procedure

Case considered: Athabasca Chipewyan First Nation v Alberta (Minister of Energy), 2009 ABQB 576

PDF version: The role of a limitations defence in a judicial review application involving the Crown’s duty to consult

Oil sands developments in Alberta are taking place in the traditional territories of First Nations in areas of the province that are subject to Treaty 8. As with the other numbered treaties, Treaty 8 contains a hunting clause with a “lands taken up” proviso which reads as follows:

And Her Majesty the Queen HEREBY AGREES with the said Indians that they shall have right to pursue their usual vocations of hunting, trapping and fishing throughout the tract surrendered as before described, subject to such regulations as may from time to time be made by the Government of the country, acting under the authority of Her Majesty, and saving and excepting such tracts as may be required or taken up from time to time for settlement, mining, lumbering, trading or other purposes.

The Supreme Court examined the implications of this clause for Crown disposition policies in Mikisew Cree First Nation v. Canada (Minister of Canadian Heritage), 2005 SCC 69 (Mikisew Cree). I commented on that decision in a short note in Resources: “Mikisew Cree and the Lands Taken Up Clause of the Numbered Treaties” (2006), 92/93 Resources 1 – 8.

Year: 2009 Page 4 of 24

Reasonable or resolute? Musings on the obligation of lawyers to grant reasonable requests for extensions

What Counts as “Sexual Abuse” under the Protection Against Family Violence Act?

Motion for Re-hearing of Hutterian Brethren Case Dismissed by Supreme Court of Canada

Legal ethics and academic freedom?

The role of a limitations defence in a judicial review application involving the Crown’s duty to consult