Author Archives: Shaun Fluker

About Shaun Fluker

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

Does the Standard of Review Analysis Apply to a Vires Determination of Subordinate Legislation?

By: Shaun Fluker PDF Version: Does the Standard of Review Analysis Apply to a Vires Determination of Subordinate Legislation? Case Commented On: Sobeys West Inc v Alberta College of Pharmacists, 2016 ABQB 138 The substance of the dispute in this … Continue reading

Posted in Administrative Law | Comments Off on Does the Standard of Review Analysis Apply to a Vires Determination of Subordinate Legislation?

The Public Interest Exception to the Normal Costs Rule in Litigation

By: Shaun Fluker PDF Version: The Public Interest Exception to the Normal Costs Rule in Litigation Case Commented On: Gendre v Fort Macleod, 2016 ABQB 111 This judgment by Madam Justice K.D. Nixon touches on the public interest exception to … Continue reading

Posted in Access to Justice, Costs | 1 Comment

Chronicles of the Canadian High Court of Environmental Justice: Canadian Parks and Wilderness Society v Maligne Tours

By: Shaun Fluker PDF Version: Chronicles of the Canadian High Court of Environmental Justice: Canadian Parks and Wilderness Society v Maligne Tours Case Commented On: Canadian Parks and Wilderness Society v Maligne Tours, 2016 FC 148 In a decision issued … Continue reading

Posted in Environmental | 2 Comments

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 Species | 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 | 1 Comment