Category Archives: Constitutional

Peter Lougheed’s Section 92A

PDF version: Peter Lougheed’s Section 92A

Commenting on: the legacy of section 92A of the Constitution Act, 1982

“Exclusive” power of provincial legislatures to make laws for “exploration”; “development, conservation and management” of provincial non-renewable resources and forestry resources. Provinces can also regulate, (without price or supply discrimination) the export of these natural resources. This is the essence of section 92A of the Constitution Act 1982, a provision for which Peter Lougheed fought hard in the negotiations that led to patriation of the Canadian Constitution in 1982.

Continue reading →

Peter Lougheed and the Constitution, Notwithstanding

PDF version: Peter Lougheed and the Constitution, Notwithstanding

Commenting on: The legacy of section 33 of the Charter

I am not a conservative, as anyone who knows me or reads Rate My Professor is already aware.  But notwithstanding my political stripes, I was a fan of Peter Lougheed.  My kids were charmed when they heard him read Christmas stories at the Lougheed House many years ago, and my daughter and I once met him at an opera at the Banff Centre – again, we were charmed.  More pertinent to the law, he was the premier who repealed Alberta’s sexual sterilization legislation (the Sexual Sterilization Repeal Act, 1972, SA 1972, c 87) and brought in our first human rights act (the Individual’s Rights Protection Act, SA 1972, c 2), showing a strong commitment to the protection of individual rights.  But it is one of his contributions to constitutional law that I will comment on in this post.

Continue reading →

Fowl Play? A Look into Recent Canadian Reform Efforts for Backyard Chicken Legislation

By: Heather Beyko

PDF Version: Fowl Play? A Look into Recent Canadian Reform Efforts for Backyard Chicken Legislation

Case Commented On: R v Hughes, 2012 ABPC 250

The idea of local food sustainability is hard to argue with. Locally grown fresh food is valued among many and local food producers benefit greatly from community support and little to no operating or exporting costs. Yet the law can forbid certain actions that some may suggest are integral to advancing local food sustainability and the right to choose where your food comes from, or in this case, which chicken your eggs come from.

Continue reading →

Who decides if the Crown has met its duty to consult and accommodate?

PDF version: Who decides if the Crown has met its duty to consult and accommodate?

Decision commented on: Reasons for July 17, 2012 Decision on Notice of Question of Constitutional Law, Osum Oil Sands Corp., Taiga Project, August 24, 2012.

In a letter decision of August 24, 2012 (hereafter LD) the ERCB decided that it lacks the jurisdiction to determine whether or not the Crown in right of Alberta had discharged its duty to consult and accommodate the Cold Lake First Nation (CLFN) with respect to the impacts of a proposed SAGD (steam assisted gravity drainage) in situ bitumen project (the Taiga Project). Continue reading →

British Columbia and the Northern Gateway Pipeline

PDF version: British Columbia and the Northern Gateway Pipeline

Document commented on: BC Outlines requirements for heavy oil pipeline projects, July 23, 2012.

The proposed Northern Gateway Pipeline is proving to be extremely contentious on a number of fronts. It raises important questions about the duty to consult and accommodate indigenous peoples who may be affected by the project; it raises questions about the joint review panel and the role of the National Energy Board (see post here) and the amendments to the National Energy Board brought about by the Budget Bill, Bill C-38, now SC 2012, c 19); and, most recently, the province of British Columbia’s Environment Minister, Terry Lake and Aboriginal Relations and Reconciliation Minister, Mary Polak, have outlined the government of British Columbia’s five minimum requirements that must be met for that province “to consider the construction and operation of heavy oil pipelines within its borders.”

Continue reading →