Author Archives: Shaun Fluker

About Shaun Fluker

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

The Nothing that is: The leading environmental law case of the past decade

PDF version: The Nothing that is: The leading environmental law case of the past decade The most important judicial decision in environmental law from Alberta courts (or the Supreme Court of Canada for that matter) during the last decade is precisely … Continue reading

Posted in Environmental | 6 Comments

The problem of Locus Standi at the Energy Resources Conservation Board: A Diceyan solution

Case considered: Kelly v. Alberta (Energy Resources Conservation Board, 2009 ABCA 349 PDF Version: The problem of Locus Standi at the Energy Resources Conservation Board: A Diceyan solution Introduction A person must have ‘standing’ to oppose an energy project being … Continue reading

Posted in Administrative Law, Natural Resources | Comments Off on The problem of Locus Standi at the Energy Resources Conservation Board: A Diceyan solution

Love is in the air at the Energy Resources Conservation Board: A comment on the Petro-Canada Sullivan Field Application

Cases Considered: Big Loop Cattle Co. v. Alberta (Energy Resources Conservation Board), 2009 ABCA 301; Big Loop Cattle Co. v. Alberta (Energy Resources Conservation Board), 2009 ABCA 302; Petro-Canada Sullivan Field Proceeding PDF Version: Love is in the air at the … Continue reading

Posted in Administrative Law, Environmental | 1 Comment

R. v. Syncrude Canada: The Case of The 500 (or was that 1600) Dead Ducks

PDF Version:  R. v. Syncrude Canada: The Case of The 500 (or was that 1600) Dead Ducks In a Provincial Court appearance on September 14, 2009, Syncrude Canada pled not guilty to charges laid by Alberta Environment and Environment Canada … Continue reading

Posted in Constitutional, Environmental | 2 Comments

After Dunsmuir: The Alberta Court of Appeal’s Identification and Application of Standard of Review May 2008-May 2009

Case considered: Dunsmuir v. New Brunswick, 2008 SCC 9 PDF version: After Dunsmuir: The Alberta Court of Appeal’s Identification and Application of Standard of Review May 2008-May 2009 For a recent session of the Canadian Bar Association’s administrative law sub-section … Continue reading

Posted in Administrative Law | Comments Off on After Dunsmuir: The Alberta Court of Appeal’s Identification and Application of Standard of Review May 2008-May 2009