By: Nigel Bankes

PDF Version: When Crocodiles and Kangaroos Dance Together, Anything is Possible: Report of the Timor-Leste and Australia Conciliation Commission

Report commented on: Report and Recommendations of the Compulsory Conciliation Commission between Timor-Leste and Australia on the Timor Sea, Registry, Permanent Court of Arbitration, 9 May 2018

The Conciliation Commission in the dispute between Timor-Leste and Australia with respect to a permanent maritime boundary in the Timor Sea has now issued its final Report and Recommendations on what must be recorded as an exceptionally successful conciliation exercise. The report documents the process of shepherding the Parties to the conclusion and signature of the Treaty between the Democratic Republic of Timor-Leste and Australia Establishing their Maritime Boundaries in the Timor Sea, New York, March 6, 2018. This treaty not only establishes permanent maritime boundaries between the two States it also establishes (Annex B) a joint development regime for the Greater Sunrise and Troubadour deposits that fall on either side of the agreed maritime boundary. The Report also documents the ultimately unsuccessful efforts of the Commission to facilitate the Parties in reaching agreement on a development concept for the Greater Sunrise Field. In dealing with a set of issues that went beyond that of delimitation, the Report illustrates the flexibility of conciliation procedures to address (with the consent of the Parties) a broader suite of issues than could be accommodated in a more formal and constrained adjudication procedure.

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By: Robyn Mitchell

PDF Version: Alberta Law Reform Institute Recommends Reform to Trustee Act with Clear, Simple, and Comprehensible Legislation

Matter Commented On: Alberta Law Reform Institute, Final Report No. 109, A New Trustee Act for Alberta

The Alberta Law Reform Institute has just released Final Report No. 109, A New Trustee Act for Alberta. The Report sets out ALRI’s final recommendations for new trustee legislation in Alberta. Using the Uniform Law Conference of Canada’s Uniform Trustee Act 2012 as a starting point, ALRI then tailored its recommendations to reflect Alberta’s trusts law and practice.

The current Trustee Act is out of date. While there have been some changes over the years, some provisions of the Act remain unchanged since trustee legislation was first enacted in 1893 in what is now Alberta. There has never been a complete review of the entire Trustee Act. Continue reading →

Case Commented On: R v MB, 2015 ABCA 232, appeal as of right (SCC)

Today the Supreme Court of Canada is hearing the appeal in R v MB, 2015 ABCA 232, concerning the proper interpretation of infanticide in section 233 of the Criminal Code, RSC 1985, c C-46. Section 233 provides as follows:

A female person commits infanticide when by a wilful act or omission she causes the death of her newly-born child, if at the time of the act or omission she is not fully recovered from the effects of giving birth to the child and by reason thereof or of the effect of lactation consequent on the birth of the child her mind is then disturbed.

For Lisa Silver’s post on the Alberta Court of Appeal decision, see here. Lisa also gave an interview on the appeal this morning on CBC Calgary’s Eyeopener.

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Editor’s Note

ABlawg is pleased to announce the launch of our third ebook, which deals with the rights of farm and ranch workers in Alberta. Our ebooks are accessible from a tab at the top of the ABlawg website, and each includes a table of contents with hyperlinks to the collected posts and is fully searchable. The introduction to this ebook is written by Jennifer Koshan. We also thank Evelyn Tang (JD 2016) for her work in producing the ebook.

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