Administrative Law – Page 42

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.

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

By Jennifer Koshan

On January 12, 2008

In Aboriginal, Administrative Law

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.

Standing Against Public Participation at the Alberta Energy and Utilities Board

By Shaun Fluker

On December 12, 2007

In Administrative Law, Natural Resources

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.

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

By Alice Woolley

On December 12, 2007

In Administrative Law, Natural Resources

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.

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

By Linda McKay-Panos

On December 11, 2007

In Administrative Law, Constitutional, Human Rights

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.

Category: Administrative Law Page 42 of 43

City Amends Land Use Bylaw in Bad Faith

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

Standing Against Public Participation at the Alberta Energy and Utilities Board

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

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