Author: Shaun Fluker Page 2 of 38

B.Comm. (Alberta), LL.B. (Victoria), LL.M. (Calgary).
Associate Professor.
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On October 23, 2024, the UCP government announced it was spending public money to find a solution to a problem that does not exist: aka the Review of Professional Regulators. This exercise of grievance politics includes within its scope the Law Society of Alberta, and as a member of the law society, I received an email invitation to take the government’s survey. This post discloses my answers to the survey.

Alberta Threatens the Independence of its Legal Aid Program

By Shaun Fluker

On September 18, 2024

In Access to Justice

By: Shaun Fluker

Agreement comment on: Governance Agreement Respecting Legal Aid (September 6, 2024)

PDF Version: Alberta Threatens the Independence of its Legal Aid Program

In early September, the Alberta government announced it had signed a new five year (2024 – 2029) legal aid governance agreement with Legal Aid Alberta and the Law Society of Alberta. The government news release emphasized collaboration and a ‘shared understanding’ amongst the signatories on the importance of legal aid for access to justice. I read this narrative with suspicion because collaboration and ‘shared understanding’ are not words that I associate with the funding of public services by the UCP government. Moreover, only a couple of months have passed since the media reported that the Minister of Justice had unilaterally terminated negotiations on a new agreement in May; apparently seeking to impose a new funding structure for legal aid which critics allege would provide the Minister with significantly more control over the funding and operations of the legal aid program. This turn by the Minister from an authoritarian to a collaborative stance in just two months seems very unlikely to me, and my curiosity led to a closer look at the details in this new agreement. These details reveal that the Minister has not backed off plans to restructure legal aid, and the independence of legal aid in Alberta is under attack.

Legal Hunting of an Endangered Species: A Grizzly Tale in Alberta

By Shaun Fluker

On September 3, 2024

In Animal Law, Protection of Species

By: Shaun Fluker

Legislation commented on: Wildlife (Grizzly Bear – Ministerial) Amendment Regulation, Alta Reg 115/2024

PDF Version: Legal Hunting of an Endangered Species: A Grizzly Tale in Alberta

On July 9 the Alberta government issued a news release announcing that the Minister of Forestry and Parks has reinstated a grizzly bear hunt in Alberta. In this post, I describe the legislative amendment made to enable the hunt and explain how effective endangered species legislation (non-existent in Alberta) would make it much more difficult for the Minister to do this. Alberta’s endangered species law and policy has always been a sad joke in terms of facilitating protection or recovery of species, but the UCP government has now managed to make this a sad and twisted joke. Alberta has joined a select group of countries in the world that authorize hunting of a majestic fauna species that they also designate as threatened with extinction (membership in this group includes many African nations who cater to trophy hunters – see Elephants, lions and leopards: 13 countries where rich people hunt endangered animals.

The Problem with Industry Control of the OWA, and OWA Control of Oil and Gas Insolvency

By Shaun Fluker

On July 9, 2024

In Oil & Gas

By: Drew Yewchuk & Shaun Fluker

Regulatory Memo Commented On: Internal Alberta Energy Regulator Memorandum, Unintended Consequences of Ministerial Order 043/2023 in Insolvency April 11, 2024

PDF Version: The Problem with Industry Control of the OWA, and OWA Control of Oil and Gas Insolvency

The focus of this post is an internal memorandum written by the Alberta Energy Regulator (AER) Orphaning and Insolvency team: the AER Memorandum on Unintended Consequences of Ministerial Order 043/2023 in Insolvency (the Unintended Consequences Memo). We describe a regulatory problem with potentially serious consequences for municipalities and the public that has not been disclosed to the public by the AER. The Unintended Consequences Memo was obtained in records obtained by the Faculty’s Public Interest Law Clinic in its ongoing closure liabilities access-to-information project under the Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25 (FOIP).

The Premier’s Review of the AER: A Recipe for How Industry Can Have its Cake and Eat it too

By Shaun Fluker

On May 30, 2024

In Energy

By: Drew Yewchuk, Shaun Fluker, Martin Olszynski, and Nigel Bankes

Commented on: Final report: Premier’s Review of the Alberta Energy Regulator (May 2024)

PDF Version: The Premier’s Review of the AER: A Recipe for How Industry Can Have its Cake and Eat it too

The UCP government continues to overhaul energy policy and regulation in Alberta with no meaningful opportunities for public scrutiny or input. In January 2023, Premier Danielle Smith appointed a five-person Premier’s Advisory Council on Alberta’s Energy Future (Energy Future Council) to prepare a report on Alberta’s energy future. The terms of reference for this Energy Future Council were set by Ministerial Order 02/2023, which was only released to the public in response to a FOIP request (see When Does a Ministerial Order Have to be Published?). The Energy Future Council submitted its report to the Premier in June 2023, but that report has never been made public. In response to this non-published report, the Minister of Energy and Minerals initiated another panel, similarly closed to public input, to review and report on the Alberta Energy Regulator (AER). On May 22, 2024, the Government of Alberta elected to release this second report (the AER Report) under the names of two of the five members of the Energy Future Council, David Yager and Bob Curran. As was the case with the recission of the 1976 Coal Policy, the AER Report demonstrates that the UCP government takes its instructions on the direction of energy policy primarily from industry, rather than from the public it serves.

Author: Shaun Fluker Page 2 of 38

UCP Grievance Politics Takes Aim at the Law Society of Alberta

Alberta Threatens the Independence of its Legal Aid Program

Legal Hunting of an Endangered Species: A Grizzly Tale in Alberta

The Problem with Industry Control of the OWA, and OWA Control of Oil and Gas Insolvency

The Premier’s Review of the AER: A Recipe for How Industry Can Have its Cake and Eat it too