Category Archives: Legal Research

Original Powers: Reviving the Federal Disallowance Power to Combat Anti-Trans Legislation

By: Charlotte Dalwood

Matters Commented On: Government of New Brunswick, Policy 713 Sexual Orientation and Gender Identity, (Fredricton: Government of New Brunswick, 2023); Government of Saskatchewan, Use of Preferred First Name and Pronouns by Students, (Regina: Government of Saskatchewan, 2023); Government of Alberta, News Release, “Preserving choice for children and youth” (1 February 2024).

PDF Version: Original Powers: Reviving the Federal Disallowance Power to Combat Anti-Trans Legislation

A specter haunts Canada: the specter of legislated transphobia.

It began in New Brunswick. In Summer 2023, the province’s Minister of Education and Early Childhood Education changed Policy 713—the provincial education policy pertaining to sexual orientation and gender—to limit gender diverse students’ ability to use their chosen names and pronouns at school (see New Brunswick, Department of Education and Early Childhood Education, Policy 713 Sexual Orientation and Gender Identity (Fredericton: Government of New Brunswick, 2023)). Continue reading →

Experiential Learning in Legal Education – Creating “Whole Lawyers”

By: Nickie Nikolaou

Matter commented on: A Research Study on Experiential Learning in UCalgary Law’s Advocacy Course

PDF Version: Experiential Learning in Legal Education – Creating “Whole Lawyers”

In 2016, the University of Calgary Faculty of Law’s third-year Advocacy course was completely redesigned to create an intensive capstone student-centered experiential learning program. The goal was for students to become “whole advocates” and “whole lawyers” who are equipped with the requisite knowledge, skills, and competencies to enter an evolving legal services market. In 2021, I undertook a research project with Lisa Silver (now the Honourable Justice Silver of the Alberta Court of King’s Bench) and JD student Alexander Dingman to reflect upon the teaching and learning occurring in this course. The project evaluated whether student learning was/is occurring as intended, how it was/is occurring, and what changes might be needed to deepen and facilitate that learning. This blog post discusses our research project, shares our findings, and makes suggestions for refining experiential learning in legal education, including in our Advocacy course. Continue reading →

Fairness and The Corporate Oppression Remedy: What is the Difference Between “Prejudice” and “Unfair Prejudice”?

By: Jassmine Girgis

Paper Commented On: “Fairness in The Oppression Remedy: How Does Harm Become Unfair?”, 19^th Annual Review of Insolvency Law, 2021 CanLIIDocs 13557

PDF Version: Fairness and The Corporate Oppression Remedy: What is the Difference Between “Prejudice” and “Unfair Prejudice”?

[The National Judicial Institute (NJI) recently held its civil law seminar in Calgary, Alberta, where I participated in a panel on director and officer liability. The following blog captures some of my remarks during that panel, as well as excerpts from a recent paper that formed the basis of those remarks]

People have a strong intuitive sense of fairness – even children sense when an adult has treated them unfairly. Perhaps for this reason, in the context of the corporate oppression remedy, which has fairness as its foundation, spotting oppression in a set of facts can be relatively straightforward. The problem, however, is that while unfairness (and oppression) can be easy to see, why something is unfair or oppressive can be much more difficult to explain. Indeed, oppression remedy jurisprudence often fails on this point – prejudice or harm may be plainly evident on the facts (Kevin P McGuinness, Canadian Business Corporations Law, 3rd ed, vol 3 (Toronto: LexisNexis Canada Inc, 2017) at §21.135), but without guidance the fairness test can seem obscure, and courts sometimes struggle with it. They get the results right, and they give some reasons, but these reasons often do not provide a clear articulation as to what fairness means. Continue reading →

Does the Dower Act Still Serve a Useful Purpose? ALRI Wants to Hear From You!

By: Katherine MacKenzie

PDF Version: Does the Dower Act Still Serve a Useful Purpose? ALRI Wants to Hear From You!

Legislation Commented On: Dower Act, RSA 2000, c D-15

The Alberta Law Reform Institute (ALRI) is studying whether the Dower Act should be reformed or repealed. The project is still in its early stages, with a consultation document forthcoming in 2021. In the meantime, ALRI is seeking preliminary feedback on the Dower Act and any practical problems it may present.

Key Features of the Dower Act

The rights under the Dower Act only apply to married people (s 1(c)). The Act is intended to protect a spouse (the “dower spouse”) if the couple’s home is solely owned by the other spouse (the “owner spouse”). It applies to a “homestead”, which is a parcel of land where the owner spouse lived during the marriage (s 1(d)). The Dower Act protects the dower spouse from losing their home, either during the lifetime of the owner spouse or after the owner spouse’s death. There are two key features:

Consent to disposition: The owner spouse cannot dispose of a homestead without the consent of the dower spouse (s 2(1)). Disposition includes a transfer, long-term lease, or mortgage (s 1(b)). If the owner spouse disposes of a homestead without consent, they may be subject to a penalty and liable to pay damages to the dower spouse (ss 2(3), 11).
Life estate: The dower spouse is entitled to a life estate in the homestead after the death of the owner spouse (s 18).

The Dower Act has been part of the law of Alberta for more than 100 years, but it has not changed substantially since 1948.

Continue reading →

The Alberta Law Reform Institute (ALRI) launches its new website: a valuable source for researching the law of Alberta

PDF version: The Alberta Law Reform Institute (ALRI) launches its new website: a valuable source for researching the law of Alberta

Website commented on: The Alberta Law Reform Institute (ALRI), http://www.alri.ualberta.ca/

The Alberta Law Reform Institute (ALRI) is the official law reform agency of the province of Alberta. It provides independent comprehensive advice to the Government of Alberta and other agencies. Lawyers and researchers will be interested to learn that ALRI has launched its new website. You might want to take a moment to click on the http://http://www.alri.ualberta.ca/ site and familiarize yourself with the wealth of information that is available here including all of ALRI’s reports going back to its formation in 1967. Out of print reports are available in pdf format. The reports are organized on the website by subject matter and by report type: issues paper, consultation memoranda, reports for discussion and final reports. All of the material is fully searchable. ALRI will also provide hard copies of in print reports on request.