Category Archives: Uncategorized

BC Court of Appeal Recognizes the Myth of False Allegations of Intimate Partner Violence

By: Deanne Sowter and Jennifer Koshan

Case Commented On: KMN v SZM, 2024 BCCA 70 (CanLII), overturning 2023 BCSC 940 (CanLII)

PDF Version: BC Court of Appeal Recognizes the Myth of False Allegations of Intimate Partner Violence

We have both written previously on myths and stereotypes about intimate partner violence (IPV), one of the most common of which is that women make false or exaggerated claims of violence to gain an advantage in family law disputes (see here and here). In KMN v SZM, 2024 BCCA 70 (CanLII), the British Columbia Court of Appeal (BCCA) recognized the existence of this myth and the need for courts to avoid making assumptions that perpetuate it, holding that it is erroneous to do so unless there is an evidentiary basis for a finding of false allegations. This judgment came just a week before the Supreme Court of Canada released a decision on rape myths and stereotypes, in which it reiterated its recognition of the myth of “false allegations of sexual assault based on ulterior motives” (R v Kruk, 2024 SCC 7 (CanLII) at paras 35-37). The Supreme Court has not yet acknowledged the myth of false allegations of IPV in the family law context, however. Continue reading →

Democratic Accountability and the Banff Centre

By: Shaun Fluker

Order commented on: Order in Council 184/2023 (Post-Secondary Learning Act)

PDF Version: Democratic Accountability and the Banff Centre

The Banff Centre for Arts and Creativity, located in the Town of Banff, is an internationally known and respected institution for the study of arts and culture. The Centre describes itself as “. . . a leader in the development and promotion of creative work in the arts, sciences, business, and the environment.” Many Canadians eventually cross paths with the Centre for one reason or another, even if they do not study the arts, because the Centre hosts a wide range of live performances, conferences, and similar public events annually. The Centre also has a very well-established program in Indigenous Leadership. For me, the Centre is most familiar as the home of the Banff Mountain Book and Film Festival, which is held at this time every year (late October to early November). This past week however, the Centre was in the news for a very different reason: on October 26 the Alberta government removed the entire board of governors and replaced them with an individual administrator. This change was implemented by the Lieutenant Governor in Council with the issuance of OC 184/2023. This short comment describes the legislative framework for this Order, and I argue that this sort of power over an important institution in our democracy needs some accountability and transparency measures to ensure it is truly exercised in the public interest. Continue reading →

What is the Status of the Shell/Pieridae Deal and What is the AER Doing?

By: Nigel Bankes

Matter commented on: Deferred Shell/Pieridae Licence Transfer Application: Amended Notice of Hearing, Proceeding 410, Shell Canada Limited and Pieridae Alberta Production Ltd., Caroline, Waterton, and Jumping Pound, and 2022 ABAER 001.

PDF Version: What is the Status of the Shell /Pieridae Deal and What is the AER Doing?

In 2019, Shell Canada, an international major, entered into a purchase and sale agreement (PSA) with Pieridae Alberta Production Ltd. The PSA contemplated that Shell would sell Pieridae its interests in what are known as Shell’s ‘Foothills Natural Gas Assets’ in Alberta: the Waterton, Jumping Pound, and Caroline fields. These assets are all sour gas assets meaning that they are rich in hydrogen sulphide, thus their development and continuing production pose considerable risks to human health as well as technical risks to the integrity of facilities that must be carefully managed. Continue reading →

Worrying About Reclamation and Abandonment Obligations in the Context of Property Assignment Consents

By: Nigel Bankes and Drew Yewchuk

Case commented on: Canadian Natural Resources Limited v Harvest Operations Corp, 2023 ABKB 62 (CanLII)

PDF Version: Worrying About Reclamation and Abandonment Obligations in the Context of Property Assignment Consents

This decision is principally about when a court can or should grant partial summary judgment. For that reason alone, we anticipate that it will be appealed. But the underlying concern that led to this litigation was (and still is) the decision of Canadian Natural Resources Limited (CNRL) to contest assignments pursuant to a purchase and sale agreement (PSA) between Harvest Operations as the vendor and Spoke Resources as the purchaser. CNRL and Harvest were parties to some 170 agreements affected by the PSA, including 133 land agreements, 30 facility agreements, and 7 service agreements. Continue reading →

Procedural Fairness When Challenging Timeline Extensions for Freedom of Information Requests

By: Drew Yewchuk

Decision Commented On: Re Energy, Order F2022-20, 2022 CanLII 29391 (AB OIPC)

PDF Version: Procedural Fairness When Challenging Timeline Extensions For Freedom of Information Requests

Office of the Information and Privacy Commissioner (OIPC) Order F2022-20 shows how easy it is for public bodies to drag the Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25 (FOIP) process out to prevent timely transparency, even where there is little or no plausible justification for the public body to withhold records.

F2022-20 relates to the same FOIP request as Blades v Alberta (Information and Privacy Commissioner), 2021 ABQB 725 (CanLII) (Blades), a decision I wrote about here. The request in question is an attempt to get government records explaining the Alberta government’s decision to revoke the 1976 Coal Development Policy for Alberta. Continue reading →