Author Archives: Arlene Kwasniak

About Arlene Kwasniak

Professor Emerita of Law. Member of the Alberta Bar.
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Blow over? Think twice before blaming it on the flu.

PDF version: Blow over? Think twice before blaming it on the flu.  Decision considered: R v Kasim, 2011 ABCA 236. The Respondent claimed to have drunk no more than 3 or 4 beers between 7 and 8:30 p.m. on September … Continue reading

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The Fading Federal Presence in Environmental Assessment and the Muting of the Public Interest Voice

PDF version: The Fading Federal Presence in Environmental Assessment and the Muting of the Public Interest Voice  Topic: Federal environmental assessment and effective public participation update Good environmental assessment followed by well crafted permits, regulation, monitoring and follow-up responsive to … Continue reading

Posted in Environmental | 1 Comment

Lack v. Alberta: Court Unmuddies and Advances Accretion Law

PDF version: Lack v. Alberta: Court Unmuddies and Advances Accretion Law  Case considered: Lack v. Alberta (Sustainable Resource Development), 2011 ABQB 379 Courts typically find the facts, ascertain the applicable law, and apply the law to the facts. When asked … Continue reading

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Innovative but controversial municipal bylaws survive challenges

PDF version: Innovative but controversial municipal bylaws survive challenges Case considered: Keller v. Municipal District of Bighorn No. 8, 2010 ABQB 362 This case is significant in three regards. First it raises the thorny issue of standard of review regarding … Continue reading

Posted in Administrative Law, Municipal Law | 1 Comment

The Eviscerating of Federal Environmental Assessment in Canada

Considered: Canadian Environmental Assessment Act, S.C. 1992, c. 37 Regulations Amending the Exclusion List Regulations, SOR/2009-88 Infrastructure Projects Environmental Assessment Adaptation Regulations, SOR/2009-89 Regulations and Regulatory Impact Analysis Statement PDF Version: The Eviscerating of Federal Environmental Assessment in Canada Introduction … Continue reading

Posted in Environmental | 1 Comment