Category Archives: Administrative Law

Supreme Court denies leave to appeal in Real Estate Council of Alberta v. Henderson

Cases Considered: Real Estate Council of Alberta v. Henderson, 2007 ABCA 303

On March 27, 2008 the Supreme Court of Canada denied Henderson leave to appeal. This result is not surprising given that the Alberta Court of Appeal characterized the issue in Henderson as seemingly straightforward statutory interpretation. However, the denial of leave is disappointing as the case is now an opportunity lost for judicial consideration into the merits of an administrative decision-maker impeaching its own decision.

For the original post on Henderson, click here.

Just a Bump on the Road to Socio-Ecological Ruin: Federal Court Finds Error in Kearl Oil Sands Project Environmental Assessment

By: Shaun Fluker

PDF Version: Just a Bump on the Road to Socio-Ecological Ruin: Federal Court Finds Error in Kearl Oil Sands Project Environmental Assessment

Case Commented On: Pembina Institute for Appropriate Development v Canada (Attorney General), 2008 FC 302

In late 2006, media attention in Alberta was directed to the Regional Municipality of Wood Buffalo, home to the Alberta oil sands and boom town Fort McMurray as the modern rendition of the 1800s frontier gold rush. Apparently, the Municipality was about to cook the goose that had laid the golden egg.

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The Shotgun Approach to Judicial Review

Cases Considered: Weir v. Canada (Registrar of Firearms), 2008 ABPC 18, Woodcock v. Canada (Registrar of Firearms), 2008 ABPC 19

PDF Version: The Shotgun Approach to Judicial Review

These two almost identical judgments of Provincial Court Judge Bruce R. Fraser confirmed refusals by the Registrar to issue registration certificates for prohibited weapons. They were both references made pursuant to section 74 of the Firearms Act, S.C. 1995, c. 39. The standard of the review to be conducted by a provincial court judge in such a reference has been a controversial matter. Various methods for selecting the appropriate standard of review in a section 74 reference have been proposed and implemented by Alberta courts. The jurisprudence thus far suggests this shotgun approach is missing the mark when it comes to standard of review.

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City Amends Land Use Bylaw in Bad Faith

Cases Considered: Airport Self Storage and R.V. Centre Ltd. v. Leduc (City), 2008 ABQB 12

PDF Version: City Amends Land Use Bylaw in Bad Faith

Although municipal councils in Alberta are generally entitled to amend land use bylaws by following procedures set out in the Municipal Government Act (the “MGA”), R.S.A. 2000, c. M-26, this decision tells us that sometimes a council will have to go further in order to ensure procedural fairness. There are circumstances where personalized written notice of a hearing to consider a proposed land use amendment will be required. As always, the content of the duty of fairness varies according to the particular facts of each case. The facts here are lengthy, but they are critical.

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Leave to Intervene Denied to Métis Nation in Case Involving Disinterment of RCMP

Cases Considered: Johnston v. Alberta (Vital Statistics), 2008 ABCA 2, Johnston v. Alberta (Director of Vital Statistics, 2007 ABCA 394, Johnston v. Alberta (Director of Vital Statistics), 2007 ABQB 597

PDF Version: Leave to Intervene Denied to Métis Nation in Case Involving Disinterment of RCMP

The case concerning Constable Lionide (Leo) Johnston’s place of burial has been before the Alberta courts a number of times, and has received a fair degree of media attention. Constable Johnston was one of four RCMP officers killed in the line of duty on March 3, 2005 near Mayerthorpe, Alberta.

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