Category Archives: Constitutional

Thoughts on Alberta and the Federal Election

The National Post recently ran a feature choosing different election theme songs for the federal political parties (see http://www.nationalpost.com/news/story.html?id=822081). Critics of Alberta’s dismal turnout on voting day (52.9% of eligible voters) might suggest that the election itself deserved its own … Continue reading

Posted in Constitutional, Criminal, Natural Resources | 2 Comments

Obtaining Leave to Intervene in a Leave to Appeal Application

Cases Considered: Provident Energy Ltd. v. Alberta (Utilities Commission), 2008 ABCA 316 PDF Version:  Obtaining Leave to Intervene in a Leave to Appeal Application This decision deals with a unique and interesting point of civil procedure. It answers the following … Continue reading

Posted in Civil Procedure, Constitutional, Natural Resources | 3 Comments

Water management planning and the Crown’s duty to consult and accommodate

Cases Considered: Tsuu T’ina First Nation v. Alberta, 2008 ABQB 547 PDF Version: Water management planning and the Crown’s duty to consult and accommodate *Thanks to Christina Smith and Monique Passelac-Ross for comments on an earlier draft. Alberta’s new Water … Continue reading

Posted in Aboriginal, Administrative Law, Constitutional, Water Law | Comments Off on Water management planning and the Crown’s duty to consult and accommodate

Lawyers, Clients, Parties and the Right to Counsel

Cases Considered: R. v. Karmis, 2008 ABQB 525 PDF Version:  Lawyers, Clients, Parties and the Right to Counsel The right to counsel is a revered constitutional right in Canada, but casting aside the understandings of this right that derive from … Continue reading

Posted in Constitutional, Criminal | Comments Off on Lawyers, Clients, Parties and the Right to Counsel

Alberta Court of Appeal Upholds Constitutionality of Deferring Publication of Information Given at Bail Hearings

Cases Considered: R. v. White, 2008 ABCA 294 PDF Version:  Alberta Court of Appeal Upholds Constitutionality of Deferring Publication of Information Given at Bail Hearings In these days of flagrant disregard of publication restrictions, especially by “electronic ban breakers” (in … Continue reading

Posted in Constitutional, Criminal | Comments Off on Alberta Court of Appeal Upholds Constitutionality of Deferring Publication of Information Given at Bail Hearings