Page 10

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

On May 3, 2024

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.

Alberta’s Water Sharing “Agreements”

By Nigel Bankes

On May 1, 2024

In Water Law

By: Nigel Bankes

Matter commented on: Water Sharing Agreements for the South Saskatchewan Basin, April 2024

PDF Version: Alberta’s Water Sharing “Agreements”

Last month (April 19, 2024), Minister Schulz announced that what she referred to as the “largest water sharing agreements in Alberta’s 118-year history are now in place to help respond to the risk of severe drought.” The press release referred to a package of four such water sharing “agreements” (WSAs). Each of these four agreements are in fact titled as a Memorandum of Understanding (MoU). The four MoUs are as follows: (1) an MoU in relation to the Red Deer River Basin, (2) an MoU in relation to the Bow River Basin, (3) an MoU in relation to the Oldman South Saskatchewan Basin, and (4) an MoU in relation to the Southern Tributaries (that is to say, the southern tributaries of the Oldman River, namely the Waterton, Belly, and St. Mary Rivers. All of the MoUs bear the header date of April 2, 2024, suggesting that they were all finalized as of that date.

Bill 18 Provincial Priorities Act: Alberta Strikes Again

By Shaun Fluker

On April 25, 2024

In Constitutional

By: Shaun Fluker

Matter commented on: Bill 18, Provincial Priorities Act, 1^st Sess, 31^st Leg, Alberta, 2024 (first reading 10 April 2024)

PDF Version: Bill 18 Provincial Priorities Act: Alberta Strikes Again

On April 10, Alberta Premier Danielle Smith introduced Bill 18 for first reading in the current session of the Legislature, and second reading began on April 17. If Bill 18 passes through the legislative process in its current form, it will be enacted as the Provincial Priorities Act and require designated entities to obtain prior approval before entering into, amending, extending, or renewing an agreement with the federal government. The purpose and consequences of Bill 18 have been questioned by those who will be directly affected, including municipalities and post-secondary institutions. The Premier has also spoken to the media about the Bill – see e.g. here. The commentary thus far makes one thing very clear: Bill 18 is a sequel to the Alberta Sovereignty within a United Canada Act, SA 2022, c A-33.8 (Sovereignty Act) in its attempt to implement the Free Alberta Strategy and block what are seen as federal intrusions into provincial jurisdiction. Less clear is whether there are also some ideological motivations for the Bill. This post examines the content of Bill 18 and, to further understand the purpose of this proposed statute, reflects on the opening statements made by the Premier during first and second reading in the Legislature.

Albertan Waits: One Thousand and Three Hundred Delays

By Drew Yewchuk

On April 24, 2024

In Access to Information, Privacy

By: Drew Yewchuk

Case Commented on: Alberta Energy v Alberta (IPC), 2024 ABKB 198 (CanLII)

PDF Version: Albertan Waits: One Thousand and Three Hundred Delays

Alberta Energy v Alberta (IPC), 2024 ABKB 198 (CanLII) is another decision relating to attempts to use the Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25 (FOIP) to obtain records from Alberta Energy about their May 2020 decision to rescind the Coal Development Policy for Alberta (1976). Nigel Bankes described the initial rescission of the policy here and the reinstatement in February 2021 here.

The circumstances in Alberta Energy v Alberta (IPC) are an outrageous example of how Alberta’s elected officials exploit weaknesses in FOIP to conceal how government decision-making works to keep Albertans misinformed or disinformed.

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

By Charlotte Dalwood

On April 23, 2024

In Constitutional, Legal Research

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)).