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Author: Shaun Fluker Page 3 of 36

B.Comm. (Alberta), LL.B. (Victoria), LL.M. (Calgary).
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UCP Grievance Politics Takes Aim at the Law Society of Alberta

By: Shaun Fluker

Matter commented on: Review of Professional Regulators, October 23, 2024

PDF Version: UCP Grievance Politics Takes Aim at the Law Society of Alberta

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

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

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.

Bill 18 Provincial Priorities Act: Alberta Strikes Again

By: Shaun Fluker

Matter commented on: Bill 18, Provincial Priorities Act, 1st Sess, 31st Leg, Alberta, 2024 (first reading 10 April 2024)

PDF Version: Bill 18 Provincial Priorities Act: Alberta Strikes Again

On April 10, Alberta Premier Danielle Smith introduced Bill 18 for first reading in the current session of the Legislature, and second reading began on April 17. If Bill 18 passes through the legislative process in its current form, it will be enacted as the Provincial Priorities Act and require designated entities to obtain prior approval before entering into, amending, extending, or renewing an agreement with the federal government. The purpose and consequences of Bill 18 have been questioned by those who will be directly affected, including municipalities and post-secondary institutions. The Premier has also spoken to the media about the Bill – see e.g. here. The commentary thus far makes one thing very clear: Bill 18 is a sequel to the Alberta Sovereignty within a United Canada Act, SA 2022, c A-33.8 (Sovereignty Act) in its attempt to implement the Free Alberta Strategy and block what are seen as federal intrusions into provincial jurisdiction. Less clear is whether there are also some ideological motivations for the Bill. This post examines the content of Bill 18 and, to further understand the purpose of this proposed statute, reflects on the opening statements made by the Premier during first and second reading in the Legislature.

Yatar v TD Insurance Meloche Monnex: Limited Statutory Rights of Appeal and The Availability of Judicial Review

By: Shaun Fluker, Drew Yewchuk, and Nigel Bankes

Case Commented On: Yatar v TD Insurance Meloche Monnex, 2024 SCC 8 (CanLII)

 PDF Version: Yatar v TD Insurance Meloche Monnex: Limited Statutory Rights of Appeal and The Availability of Judicial Review

This post discusses the recent Supreme Court decision in Yatar v TD Insurance Meloche Monnex, 2024 SCC 8 (CanLII) (Yatar). The decision addresses the availability of judicial review of administrative decisions when the legislature has established a restricted statutory right of appeal for those same decisions. This unanimous decision is an important affirmation of the continued availability of judicial review – at least for grounds of review not covered by the statutory appeal right. However, it seems likely that this decision, especially when read together with the Court’s decision in Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65 (CanLII) (Vavilov) will encourage parallel or sequential filings under both the statutory appeal provisions and for judicial review.

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