Category: Law Reform Page 1 of 4

Report Commented On: Alberta Law Reform Institute, Residential Tenancies: Distress for Rent Final Report 122 (pending publication)

PDF Version: Untangling Received Law in Alberta

What would you think if I told you that Alberta has inherited legislation from England that remains in effect today, and continues to impact the state of the law in this province?

As part of the Alberta Law Reform Institute’s (ALRI) Residential Tenancies Act project, we have been working on a standalone report considering whether the remedy of distress for rent should be abolished in residential tenancies, and if not abolished whether the law should be codified (see Issue 8 and Issue 9 in Alberta Law Reform Institute, Residential Tenancies Act: General Issues, Issue Paper 6 (2025) at 52-55).

A Radical Departure: Remarks on Part II of Bill C-5 (the Building Canada Act)

By Martin Olszynski

On June 19, 2025

In Administrative Law, Energy, Environmental, Indigenous, Law Reform

By: Martin Olszynski

Matter Commented On: Part II of Bill C-5 (the Building Canada Act)

PDF Version: A Radical Departure: Remarks on Part II of Bill C-5 (the Building Canada Act)

On Tuesday, June 17^th, 2025, I had the opportunity to appear before the Senate in the context of its study of Bill C-5, Part II of which contains the Building Canada Act. Professor David Wright and I provided an initial analysis of this part of Bill C-5 shortly after it was tabled. As is my regular practice, this post includes my prepared remarks, which expand on some of that earlier analysis. I have also included hyperlinks where useful. In our initial post, Professor Wright asked whether Bill C-5 will allow Canada to ‘move fast and make things’ or ‘move fast and break things’? While it is still too early to answer that question from a project review perspective (the prospects, however, appear increasingly dim), it is now clear that as drafted Bill C-5 breaks fundamental democratic norms, at the least, and that our democracy and the rule of law will be diminished for it.

UCP Grievance and Culture-War Politics Enter Schools

By Shaun Fluker

On November 28, 2024

In Law Reform, Youth and the Law

By: Shaun Fluker and JD Students in the Public Interest Law Clinic

Bill Commented On: Bill 27 Education Amendment Act, 2024, 1^st Sess, 31^st Leg, 2024 (passed second reading Nov 19)

PDF Version: UCP Grievance and Culture-War Politics Enter Schools

On October 31 the Minister of Education introduced Bill 27 into the Alberta Legislature with the following comments: “The bill will provide clarity, consistency, and transparency to education policies in schools across Alberta. Parents across the province want to be more involved and have a larger say in their child’s education, and we are happy to strengthen their involvement through these proposed amendments.” This is a very bland introduction for a Bill that, if passed, will amend the Education Act, SA 2012, c E-0.3, to accomplish three objectives: (1) restrict the ability of schools to implement public health emergency measures; (2) require Ministerial approval of curriculum materials on gender identity, sexual orientation, and human sexuality; and (3) restrict the liberty of youth to use gender affirming names or pronouns in school. Bill 27 also grants a lot more than just a ‘larger say’ to parents – the amendments to the Education Act in the Bill grant parental control over the application of public health emergency measures, the delivery of educational materials on gender identity, sexual orientation, and human sexuality, and the use of gender affirming names or pronouns in schools. Suffice it to say, this is not what governing in the public interest looks like.

Submission on Family Violence Law to the Ministers of Arts, Culture and Status of Women, Children and Family Services, and Justice

By Jennifer Koshan

On July 8, 2024

In Family, Law Reform

By: Jennifer Koshan, Ampee Minhas, Athina Pantazopoulos & Sasha Reid

Legislation Commented On: Family Law Act, SA 2003, c F-4.5; Protection Against Family Violence Act, RSA 2000, c P-27

PDF Version: Submission on Family Violence Law to the Ministers of Arts, Culture and Status of Women, Children and Family Services, and Justice

Authors’ Note:

This law reform submission was delivered to the Government of Alberta, Ministers of Arts, Culture and Status of Women, Children and Family Services, and Justice, on July 8, 2024. Below we provide the Introduction to the submission, a full version of which is available here.

An Electronic Change is Gonna Come: Recommendations for the Alteration and Revocation of Electronic Wills

By Katherine MacKenzie

On May 3, 2024

In Law Reform, Wills and Estates

By: Katherine MacKenzie, Legal Counsel, Alberta Law Reform Institute

Report Commented On: Alberta Law Reform Institute, Alteration and Revocation of Electronic Wills, Final Report 120

PDF Version: An Electronic Change is Gonna Come: Recommendations for the Alteration and Revocation of Electronic Wills

At the end of 2023, my colleague, Matthew Mazurek, wrote a post about the use of an emoji as a valid, electronic signature and explored how that might play out in the context of electronic wills. The post coincided with the publication of the Alberta Law Reform Institute’s (ALRI) final report about the creation of electronic wills. In that report, ALRI proposed that electronic wills should be permitted in Alberta and provided recommendations for how electronic wills should be created. Specifically, we recommended that electronic wills should follow the formalities required for the creation of formal paper wills, meaning they should be:

readable as text,
signed by the testator with an electronic signature, and,
signed by two witnesses, who both use an electronic signature.