Category Archives: Administrative Law

Standing Against Public Participation at the Alberta Energy and Utilities Board

Cases Considered: Sawyer v. Alberta (Energy and Utilities Board), 2007 ABCA 297

PDF Version: Standing Against Public Participation at the Alberta Energy and Utilities Board

In September 2007, the Alberta Court of Appeal denied leave to appeal an AEUB (now the Energy Resources Conservation Board) decision that affirmed its longstanding position that participatory rights to contest the merits of an energy project by, for example, presenting evidence and/or cross-examining the project proponent, are not available to recreational users of public lands or urban environmentalists.

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Substance Over Form: The Court of Appeal’s Protection of Intervener Rights at the Alberta Energy and Utilities Board

Cases Considered: Lavesta Area Group v. Alberta (Energy and Utilities Board), 2007 ABCA 365

PDF Version: Substance Over Form: The Court of Appeal’s Protection of Intervener Rights at the Alberta Energy and Utilities Board

In Lavesta Area Group v. Alberta (Energy and Utilities Board) 2007 ABCA 365, Madam Justice Carole Conrad granted two appeals of Alberta Energy and Utilities Board (“Board”) decisions. She did so on the basis of “reasonable apprehension of bias” and, in particular, on the basis of the Board’s own concession that such an apprehension had arisen.

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Offensive Publication Case Highlights the Tension Between Human Rights and Civil Liberties

Case(s) Considered: Darren Lund v. Stephen Boissoin and the Concerned Christian Coalition Inc. (November 30, 2007, Alta. H.R.P.; Lori G. Andreachuk, Q.C., Panel Chair)

PDF Version: Offensive Publication Case Highlights the Tension Between Human Rights and Civil Liberties

In many circumstances, human rights and civil liberties principles are complementary. However, in some cases—such as those involving freedom of expression—they can conflict. In examining s. 3 of Alberta’s Human Rights, Citizenship and Multiculturalism Act (“HRCMA”), R.S.A. 2000, c. H-14, the tension between these two values is acute. A recent Alberta Human Rights Panel (“Panel”) decision illustrates how difficult it is to balance freedom of expression (supported byfreedom of religion) and freedom from discrimination in Alberta. Continue reading →

Standing to Seek Judicial Review or Simply a Matter of Legislative Drafting?

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

Keywords: administrative law, real estate, regulation of professions

PDF Version: Standing to Seek Judicial Review or Simply a Matter of Legislative Drafting?

The Real Estate Council of Alberta (RECA), a self-regulatory organization established by section 3 of the Real Estate Act, R.S.A. 2000, c. R-5, administers the licensing of real estate agents, appraisers and mortgage brokers in Alberta and governs the competence and conduct of such industry members via authority granted by the Act. RECA is comprised of eleven (11) council members appointed by various industry associations, and one additional appointee selected by the Minister.

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