Haste Makes Waste: Amending the Public Health Act

By: Lorian Hardcastle and Shaun Fluker

Bill Commented On: Bill 6, Public Health Amendment Act, 2023, 1st Sess, 31st Leg, Alberta, 2021 (first reading 2 November 2023)

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If there is one point of consensus on public health decisions made in Alberta during the COVID-19 pandemic, it is probably that the Public Health Act, RSA 2000, c P-37 failed to provide a proper framework for general lawmaking by executive order. The enactment of COVID-19 public health orders that applied restrictions to the general public did not adhere to basic matters of democratic governance such as organization and clarity, predictability and consistency, transparency and justification, and accountability to the elected assembly. The Act contains no provisions to ensure these lawmaking attributes are followed in making public health orders. Indeed, just weeks after the onset of the pandemic in 2020 it was readily apparent the Act was wholly inadequate in this regard  (see here and  here). Instead of addressing these fundamental issues, the UCP government has been fixated on amendments that score political points. For example, in April 2021, Alberta made a number of relatively inconsequential amendments to the Act (which we discuss here), but still found space to repeal Cabinet powers to compel vaccination in a public health emergency. In this post we explain why Bill 6, Public Health Amendment Act, 2023 is more of the same. Continue reading →

Building a Reclamation Security Regime for Electricity Generation: Transparent, Constrained, Fair, and Credible

By: Martin Olszynski

Matter commented on: Proceeding: 28501 – Inquiry into the ongoing economic, orderly, and efficient development of electricity generation in Alberta – Module A

PDF Version: Building a Reclamation Security Regime for Electricity Generation: Transparent, Constrained, Fair, and Credible

On August 3, 2023, the Alberta Utilities Commission (AUC) initiated an inquiry into the ongoing economic, orderly, and efficient development of electricity generation. As has been my practice in such matters (see e.g. here), what follows is my own submission to the AUC, dated December November 20, 2023, modified only for formatting purposes. Continue reading →

Electronic Wills, Electronic Signatures, and Emojis

By: Matthew Mazurek

Report Commented On: Alberta Law Reform Institute, Creation of Electronic Wills, Final Report 119

PDF Version: Electronic Wills, Electronic Signatures, and Emojis

On October 19, 2023, the Alberta Law Reform Institute published Final Report 119, Creation of Electronic Wills. In it, we recommend that the Wills and Succession Act, SA 2010, c W-12.2 (WSA) should explicitly permit electronic wills. To do this, the rules for the creation of electronic wills should largely mirror the formalities for a paper will. These formalities have been in use for centuries and seem to suffice for our probate system. The traditional wills formalities can be used in the electronic medium. In fact, similar formalities have been used in the electronic medium in other legal contexts. More specifically, we recommend that formal electronic wills should be:

  • readable as electronic text;
  • signed by the testator using an electronic signature; and
  • signed by two witnesses, who are both present at the same time for the testator’s signature, using an electronic signature.

Continue reading →

Gender-Affirming Names and Pronouns, Parental Control, and Family Violence

By: Jennifer Koshan

Policy Proposal Commented On: United Conservative Party, Annual General Meeting Policy and Governance Resolutions, Policy Resolution 8 (November 2023)

PDF Version: Gender-Affirming Names and Pronouns, Parental Control, and Family Violence

Content Warning: This post contains descriptions of family violence and gender identity abuse.

At the United Conservative Party (UCP)’s recent annual general meeting, party members voted on a number of policy proposals. Policy Resolution 8 was “almost unanimously” supported, and would “[r]equire Teachers, Schools, and School Boards to obtain the written consent of the parent/guardian of a student under the age of 16 prior to changing the name and/or pronouns used by the student” (United Conservative Party, Annual General Meeting Policy and Governance Resolutions at 38 (UCP Resolutions)). In a similar vein, Policy Resolution 17 would require the government to “[s]upport a comprehensive Bill of Parental Rights which ensures that all legislation will recognize and support parents’ rights to be informed of and in charge of all decisions to do with all services paid for by the province, including education and health care” (UCP Resolutions at 49). The Minister of Education, Demetrios Nicolaides, recently stated that the government is having an “active conversation” about this matter. Continue reading →

Religious Freedom and the Oath to the Sovereign

By: Howard Kislowicz

Case Commented On: Wirring v Law Society of Alberta, 2023 ABKB 580 (CanLII)

PDF Version: Religious Freedom and the Oath to the Sovereign

In Wirring v Law Society of Alberta, 2023 ABKB 580 (CanLII), Justice Barbara Johnston for the Alberta Court of King’s Bench granted summary judgment in favour of His Majesty the King in Right of Alberta. The case concerns the objections of Prabjot Singh Wirring to “the portion of the oath mandated by the Legal Profession Act…  as set out in the Oaths of Office Act… which includes an oath of allegiance to the sovereign” (at para 1). A person must take the oath to be admitted to the Law Society of Alberta and be entitled to practice law in Alberta. Wirring, who had “obtained a law degree from Dalhousie University and completed his articles” (at para 5) claimed that taking the oath violated his right to freedom of conscience and religion and his right to equality, as protected by ss 2(a) and 15 of the Canadian Charter of Rights and Freedoms. Wirring said that, as an Amritdhari Sikh, “oath of allegiance to the Queen is incompatible with the oath he has sworn to Akal Purakh, [the divine being in the Sikh tradition]” (at para 8). Continue reading →