Category: Constitutional Page 49 of 75

Decisions commented on: (1) ERCB Letter Decision, April 18, 2013, re Fort McKay First Nation, Notice of Question of Constitutional Law; (2) ERCB Letter decision, May 23, 2013, reasons for decision in relation to Fort McKay First Nation, Notice of Question of Constitutional Law; (3) 2013 ABAER 014, Dover Operating Corporation, Application for a Bitumen Recovery Scheme Athabasca Oil Sands Area, August 6, 2013; and (4) Fort McKay First Nation v Alberta Energy Regulator, 2013 ABCA 355

The Alberta Court of Appeal has granted leave to the Fort McKay First Nation (FMFN) to appeal two questions of law or jurisdiction in relation to decisions made by the Energy Resources Conservation Board (ERCB) (the predecessor to the Alberta Energy Regulator (AER)) and the AER itself in approving, subject to the further approval of the Lieutenant Governor in Council, Dover’s application for a major steam assisted gravity drainage (SAGD) bitumen recovery project. The two questions on which leave was granted are as follows:

(a) Whether the Tribunal erred in law or jurisdiction by finding that the question whether approval of the project would constitute a meaningful diminution of the Treaty rights of the Fort McKay First Nation and therefore be beyond provincial competence was not a question of constitutional law as defined in the Administrative Procedures and Jurisdiction Act;

(b) Whether the Tribunal erred in law or jurisdiction by finding that it had no jurisdiction to consider constitutional issues other than those defined as “questions of constitutional law” in the Administrative Procedures and Jurisdiction Act.

The Vriend Case 15 Years Later

By Jennifer Koshan

On October 18, 2013

In Constitutional, Human Rights

By: Jennifer Koshan

PDF Version: The Vriend Case 15 Years Later

Case and Legislation Commented On: Vriend v Alberta, [1998] 1 SCR 493; Alberta Human Rights Act, RSA 2000, c A-25.5

This year marks the 15^th anniversary of the Supreme Court of Canada decision in Vriend v Alberta, [1998] 1 SCR 493 [Vriend] in which the Court unanimously held that the lack of protection for discrimination based on sexual orientation in Alberta’s human rights legislation was an unconstitutional violation of Charter equality rights (for a previous post on the Vriend decision by Linda McKay Panos, see here). To celebrate the anniversary Delwin Vriend visited Alberta this week, and his visit included participation in a public forum organized by the Sheldon Chumir Foundation for Ethics in Leadership, as well as a visit to my human rights class at the law school.

Update on the Sage-grouse, the Separation of Powers and the Rule of (Ineffective Environmental) Law(s)

By Martin Olszynski

On September 24, 2013

In Administrative Law, Constitutional, Environmental, Protection of Species

PDF Version: Update on the Sage-grouse, the Separation of Powers and the Rule of (Ineffective Environmental) Law(s)

Cases Considered: Alberta Wilderness Association v Canada (Attorney General), 2013 FCA 190, Wildlands League and Federation of Ontario Naturalists v Ministry of Natural Resources (Ontario) et al., Court file no. 400/13, Sandy Pond Alliance to Protect Canadian Waters Inc. v Canada, Court file no. T-888-10

As most readers are probably already aware, last week the federal government announced that it will be issuing an emergency protection order (EPO) under the federal Species at Risk Act SC 2002, c 2 for the Greater Sage-grouse (for the background to this announcement, see my previous post here). Ostensibly, this is a ‘good news’ story about the separation of powers at work: The federal government delayed in taking the measures ecologically necessary and (ultimately) required by law to protect the Sage-grouse; the matter was brought before the courts, which concluded that the government’s actions were illegal; the government is now taking steps to bring itself into compliance.

A Provincial Proposal That Affects All Canadians

By Maureen Duffy

On September 19, 2013

In Constitutional

PDF Version: A Provincial Proposal That Affects All Canadians

Policy commented on: Proposed Quebec Charter of Values

As evidenced by the entries on our Faculty ABlawg, the recent announcement of the proposed “charter” of “values” in Quebec has led to a strong response across Canada. While the proposal itself may be limited to Quebec, it is clear that the impact is wider than that.

Professor Jennifer Koshan described the experience of teaching the famous, Reference re Secession of Quebec, [1998] 2 SCR 217, the day after the charter proposal was announced. I also teach Constitutional Law at the Faculty, and I found that her blog, in turn, provided an excellent teaching resource for discussion in the following class session. As this all occurred during the second week of law school for our first-year students, it was a powerful introduction, both to the ever-changing nature of Constitutional Law, and to the inconsistencies that can emerge under our constitutional system.

Professor Alice Woolley has added her commentary on the ethical implications of the proposal, which adds an innovative dimension to the discourse around this subject. As she points out, this proposal has repercussions well beyond the normative legal issues that have been discussed in much of the public discourse, and she adds an important layer to an interesting debate.

As I read all of the commentary about the proposal, I am reminded of my own personal experiences in Quebec.

R v Booyink: A Non-Stop Charter(ed) Flight to Protest in Canadian Airports?

By Ola Malik

On September 16, 2013

In Constitutional, Municipal Law

PDF Version: R v Booyink: A Non-Stop Charter(ed) Flight to Protest in Canadian Airports?

Case commented on: R v Booyink, 2013 ABPC 185

If the Canadian Centre for Bio-Ethical Reform (“CCBR”) hasn’t yet made an appearance in your town, city or neighbourhood, chances are they soon will. The CCBR is an educational, pro-life activist organization devoted to the stated objective of making Canada abortion-free. Its goals are to expose as many Canadians as possible to images of, and to engage directly in conversations about, abortion. The CCBR sees its messaging as educational in nature which might include any of the following strategies:

Imagine opening your mail box to find a gripping pro-life postcard showing “invisible” aborted children.
Then imagine walking down the street and seeing a poster of an abortion victim hanging from a pole in your neighbourhood.
Walking further, you see activists holding signs and engage in dialogue about abortion.
Then imagine driving through traffic and seeing a large truck with abortion imagery on its side and rear panels. (See Unmasking Choice – CAUTION – the CCBR may post graphic images)

Category: Constitutional Page 49 of 75

Constitutional Questions and the Alberta Energy Regulator

The Vriend Case 15 Years Later

Update on the Sage-grouse, the Separation of Powers and the Rule of (Ineffective Environmental) Law(s)

A Provincial Proposal That Affects All Canadians

R v Booyink: A Non-Stop Charter(ed) Flight to Protest in Canadian Airports?