Author Archives: Shaun Fluker

About Shaun Fluker

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

Former Minister of Justice Attempted to Interfere with the Administration of Justice: Kent Report

By: Shaun Fluker, Nigel Bankes & Martin Olszynski

PDF Version: Former Minister of Justice Attempted to Interfere with the Administration of Justice: Kent Report

Matter Commented On: The Kent Report (February 15, 2022)

On February 25, the Premier issued a brief statement announcing that former Minister of Justice, Kaycee Madu, was being shifted to Minister of Labour and Immigration, and that the former Minister of Labour and Immigration, Tyler Shandro, is now the Minister of Justice. This Friday afternoon swap was in response to the findings of retired Justice Adèle Kent in her investigation into a phone call made by Minister Madu to the Edmonton Chief of Police on the morning of March 10, 2021, concerning a traffic ticket issued to him that very same morning. As we discuss at the end of this post, this investigation seemingly only occurred because CBC news reporter Elise Von Sheel revealed the making of the call in a news story published on January 17, 2022. Several hours after the CBC broke the news, Premier Kenney announced on Twitter that Minister Madu was temporarily stepping aside from his ministerial duties while an independent investigation reviewed whether the call amounted to an interference with the administration of justice. The Kent Report concludes that the call (1) was an attempt to interfere with the administration of justice and (2) created a reasonable perception of an interference with the administration of justice. In this post, we summarize and comment on the findings of the Kent Report. Continue reading →

COVID-19 and the Emergencies Act (Canada) Redux

By: Shaun Fluker

PDF Version: COVID-19 and the Emergencies Act (Canada) Redux

Legislation Commented On: Emergencies Act, RSC 1985, c 22 (4th Supp); Order in Council, PC Number: 2022-0106 (February 14, 2022), SOR/2022-20; Emergency Measures Regulation, SOR/2022-21; Emergency Economic Measures Order, SOR/2022-22

On February 14, the federal Minister of Justice and Attorney General announced the declaration of a public order emergency under the Emergencies Act, RSC 1985, c 22 (4th Supp). The emergency was formally declared by proclamation made by the Governor in Council under section 17 of the Act with Order in Council, PC Number: 2022-0106 (February 14, 2022), SOR/2022-20. This proclamation provides for the exercise of extraordinary powers to take measures to end the blockades and occupations across Canada; actions that were initiated as a protest against restrictions on individual and economic liberties imposed by COVID-19 public health measures, but which quickly morphed into #freedomconvoy, weaponized extremism, threats of insurrection, and significant economic losses. The emergency powers have initially been set out in the Emergency Measures Regulation, SOR/2022-21 and the Emergency Economic Measures Order, SOR/2022-22. As is required by the Act, the declaration and these powers will be the subject of a debate in Parliament this week. Continue reading →

Alberta Heads the Wrong Direction with Bill 79 – the Proposed Trails Act

By: Shaun Fluker and David Mayhood

PDF Version: Alberta Heads the Wrong Direction with Bill 79 – the Proposed Trails Act

Bill Commented On: Bill 79, the Proposed Trails Act, 2nd Sess, 30th Leg, Alberta, 2021

On November 2, 2021, the Minister of Environment and Parks (Jason Nixon) introduced Bill 79 – the proposed Trails Act – into the legislative assembly for first reading. Initial public reactions varied significantly from the positive endorsements given by recreational trail user groups (such as those quoted in the government’s media statement) to the critical assessments on social media (see here) and environmental groups (such as the Alberta Wilderness Association). One thing Bill 79 does not implement is the trail permit fee on off-highway vehicle (OHV) users which the Minister previously indicated was forthcoming. This omission not only further highlights the glaring absence of the McLean Creek area from the access fee imposed by the Kananaskis Conservation Pass, it also reinforces the view that OHV users have the Minister’s ear on policy development. In this post, we critically examine the actual content in Bill 79 and explain why the proposed Trails Act will result in further damage and destruction to public lands in Alberta. Continue reading →

Alberta Adds Health Care Facilities to the Scope of Anti-Protest Legislation

By: Shaun Fluker

PDF Version: Alberta Adds Health Care Facilities to the Scope of Anti-Protest Legislation

Legislation Commented On: Critical Infrastructure Defence Regulation, AR 169/2021

On September 29, 2021, and on the basis of authority granted under section 5 of the Critical Infrastructure Defence Act, SA 2020, c C-32.7, the Lieutenant Governor in Council issued Order in Council 265/2021 to enact the Critical Infrastructure Defence Regulation. This Regulation adds prescribed health care facilities – including hospitals – to the list of essential infrastructure covered by the Critical Infrastructure Defence Act, which thereby applies the prohibitions in the Act to those facilities. The Premier announced this new regulatory measure on September 28 as a response to anti-vaccine protests held recently at health care facilities. The timing of this announcement and the subsequent enactment of the Regulation was ideal for using it as a discussion item with 1Ls in Law 403 – Legislation – to illustrate how regulations are enacted and come into force. This short comment is intended to share that analysis with ABlawg readers. Continue reading →

Alberta’s Vaccine Passport System: The Good, the Bad, and the Ugly

By: Lorian Hardcastle and Shaun Fluker

PDF Version: Alberta’s Vaccine Passport System: The Good, the Bad, and the Ugly

Matters Commented On: Chief Medical Officer of Health (CMOH) Order 42-2021 and CMOH Order 43-2021

Good governance practices by the executive branch in how it addresses COVID-19 have largely been absent throughout the pandemic across Canada, but surely we have hit a new low in Alberta with what transpired last week. Facing criticism from the public, pleas from health care professionals, and a health care system straining under the increasing number of hospitalizations, the Premier reappeared at a September 15 press conference after a lengthy hiatus, along with the Minister of Health, the Chief Medical Officer of Health, and the CEO of Alberta Health Services. The Premier was questioned about the termination of public health restrictions in early July and the decision to move towards treating COVID-19 as endemic by largely eliminating basic public health measures like testing, tracing, and isolating (a decision that the government later backpedalled on). Although the Premier was initially apologetic for ending public health restrictions in an effort to enjoy the “best summer ever,” he later stated that “I don’t apologize for the decision to relax public health restrictions in the summer….” For her part, the CMOH has admitted that July’s decisions, which were based on her recommendations, put Alberta on its devastating fourth wave trajectory and has said that she “deeply” regrets contributing to the narrative that COVID-19 was over. Continue reading →