Author Archives: Admin

ABlawg’s Clawbie Nominations for 2016

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Like many of our colleagues at law schools across the country, this year the University of Calgary Faculty of Law has been working towards developing our response to the Calls to Action of Canada’s Truth and Reconciliation Commission. In the spirit of the Commission’s significant work, our nominations for the Clawbies this year are law blogs that have made us think deeply and creatively about reconciliation:

We encourage our readers to submit your nominations for the Clawbies by following the instructions here.

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ABlawg’s Year in Review, 2016

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ABlawg is pleased to provide this compilation of highlights from 2016, consisting of some statistics and synthesis of our bloggers’ contributions in substantive areas of law this past year.

The Numbers

ABlawg has published one hundred and fifty (150) posts so far in 2016, with more to come before we take our annual holiday hiatus. The post that generated the most hits this year was Nigel Bankes’ The Termination of Power Purchase Arrangements in Alberta: What is the Legal Position and What are the Implications of Termination?, with 6071 views overall, showing the appetite for informed public policy discussions in Alberta. The runners-up were three posts on the Ghomeshi trial: Joshua Sealy-Harrington’s Mastery or Misogyny? The Ghomeshi Judgment and Sexual Assault Reform, with 5178 views overall, Jennifer Koshan’s Reflections on Week One of the Ghomeshi Trial, with 3798 views overall, and Alice Woolley’s What Ought Crown Counsel to do in Prosecuting Sexual Assault Charges? Some Post-Ghomeshi Reflections, with 2827 views overall. “Mastery or Misogyny” also established a new record for daily hits to ABlawg, with 2989 views of our site the day it was posted.

The post that spurred the most comments in 2016 was Martin Olszynski’s Northern Gateway: Federal Court of Appeal Applies Wrong CEAA Provisions and Unwittingly Affirms Regressiveness of 2012 Budget Bills. This post led to an intense debate on the proper interpretation of the Canadian Environmental Assessment Act, 2012, with Martin’s position being recently adopted by both the appellant and respondent before the Supreme Court of Canada, as discussed in his most recent comment on that post.

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Commemorating the National Day of Remembrance and Action on Violence Against Women

Matter Commented on: National Day of Remembrance and Action on Violence Against Women

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December 6 is the National Day of Remembrance and Action on Violence Against Women in Canada. This date marks the anniversary of the murders of fourteen women at the École Polytechnique massacre in Montreal. A memorial service is being held at the University today, and people may also wish to visit the moving sculpture by artist Teresa Posyniak, Lest We Forget, in the Faculty of Law across from the law library.

ABlawg has published several posts on gender-based violence this year, which we have gathered below. These posts analyze the treatment of gender-based violence by the courts and legislatures, in criminal, constitutional and other contexts, drawing to attention those bodies’ varying levels of understanding of and commitment to preventing violence. It is worth noting that the Inquiry Committee of the Canadian Judicial Council into the conduct of Justice Robin Camp recently stated as follows with respect to the role of judges in cases involving gender-based violence:

The Intervener Coalition submitted that, conceptually, the reasonable person “must include the perspective of survivors of sexual assault, and marginalized women generally, as they are entitled to a judiciary that rejects sexual myths and stereotypes and understands and respects equality.” We agree. A judge performs a unique role in society and his or her capacity to continue in the execution of that role cannot be judged without regard to the perspective of those who would most likely be affected by the Judge remaining in office.  That is not to say that such a perspective is the sole or the dominant one in evaluating public confidence, but it is one that should be included, and must be understood. (at para 252)

With that in mind, we encourage our readers to reflect on the various approaches to gender-based violence captured here:

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Can We Keep the Horses in the Barn? Investigation Report on Alberta Environment’s Destruction of Records after the 2015 Provincial Election

By: Linda McKay-Panos

PDF Version: Can We Keep the Horses in the Barn? Investigation Report on Alberta Environment’s Destruction of Records after the 2015 Provincial Election

Report Commented On: Information and Privacy Commissioner, Public Interest Commissioner, Investigation Report on Alleged improper destruction of records by Alberta Environment and Sustainable Resource Development

On January 7, 2016, the Office of the Information and Privacy Commissioner of Alberta (OIPC) and the Public Interest Commissioner (PIC) released their Investigation Report on alleged improper destruction of records by Alberta Environment and Sustainable Resource Development after the 2015 Provincial Election (Investigation Report). When reading the highlights of the Investigation Report’s recommendations, one hopes that the current government might implement and retain some rules and practices that deter future events of this nature.

After the Alberta provincial election in May, 2015, there were a number of media reports about destruction of records during the transition to a new government (Investigation Report, at para 2). The OIPC issued a news release on May 7, 2015 to inform and remind Albertans of the provisions of the Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25 (FOIP Act) dealing with record destruction, while noting that some of the records were not subject to the same rules (Investigation Report, at para 6). On May 12, 2015, a disclosure of wrongdoing was made to the PIC under the Public Interest Disclosure (Whistleblower Protection) Act, SA 2012, C P-39.5, alleging that staff members of the Department of Sustainable Resource Development (ESRD) were instructed to move all briefing material into the Action Request Tracking System (ARTS), and all records would then be deleted (Investigation Report, at para 3). On May 13, 2015, the OIPC and the PIC announced that they would jointly investigate allegations that records within ESRD may have been destroyed in an unauthorized manner (Investigation Report, at para 9).

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Supreme Court of Canada Hears Appeal in Alberta Infanticide Case

Case Commented On: R v MB, 2015 ABCA 232, appeal as of right (SCC)

Today the Supreme Court of Canada is hearing the appeal in R v MB, 2015 ABCA 232, concerning the proper interpretation of infanticide in section 233 of the Criminal Code, RSC 1985, c C-46. Section 233 provides as follows:

A female person commits infanticide when by a wilful act or omission she causes the death of her newly-born child, if at the time of the act or omission she is not fully recovered from the effects of giving birth to the child and by reason thereof or of the effect of lactation consequent on the birth of the child her mind is then disturbed.

For Lisa Silver’s post on the Alberta Court of Appeal decision, see here. Lisa also gave an interview on the appeal this morning on CBC Calgary’s Eyeopener.

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