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Will Alberta’s Lawsuit Against Opioid Manufacturers Improve Public Health?

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On October 24, 2019

In Health Law, Torts

By: Lorian Hardcastle

PDF Version: Will Alberta’s Lawsuit Against Opioid Manufacturers Improve Public Health?

Matter Commented On: Litigation Against Opioid Manufacturers

Opioid-related deaths and injuries are a critical public health issue, with one Canadian dying every two hours due to opioids. Individuals who become addicted to prescribed opioids may progress to buying legal products on the black market or taking illegal substances like heroin. Heroin is increasingly laced with synthetic opioids such as fentanyl, which can be lethal even in small doses. In 2018, 73% of accidental opioid-related deaths in Canada involved synthetic opioids.

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Federal Court of Appeal Rejects Another Attempted Appeal of the TMX Leave Decision

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On October 23, 2019

In Energy, Environmental

By: David V. Wright, Martin Olszynski, and Nigel Bankes

PDF Version: Federal Court of Appeal Rejects Another Attempted Appeal of the TMX Leave Decision

Case Commented On: Raincoast Conservation Foundation v Canada (Attorney General), 2019 FCA 259

The FCA has released another ruling in relation to its earlier leave decision on the consolidated TMX legal challenges (Raincoast Conservation Foundation v Canada (Attorney General), 2019 FCA 224 (Can LII); for our post on that decision see here). In this latest ruling the panel (including Justice David Stratas – who had authored the original decision) dismissed an attempted appeal (at para 4) brought by two NGOs. The panel reiterated Justice Stratas’ previous conclusion in Ignace v Canada (Attorney General), 2019 FCA 239 (for our post on that decision see here) that “appeals cannot be brought from this Court to this Court” and again pointing to the lack of any statutory basis for the FCA to hear such an appeal (at paras 7-9).

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Canadian Cannabis Regulation Part II: Edibles, Extracts, and Topicals

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On October 22, 2019

In Cannabis, Health Law

By: Lorian Hardcastle

PDF Version: Canadian Cannabis Regulation Part II: Edibles, Extracts, and Topicals

Legislation Commented On: Cannabis Regulations, SOR/2018-144

In October 2018, the federal government legalized the sale and possession of recreational dried cannabis, cannabis oil, and fresh cannabis, plants, and seeds. Effective October 17, 2019, these legal changes were extended to four additional categories of products: edible cannabis (including food and beverages), cannabis extracts for ingestion (typically in capsule form), cannabis extracts for inhalation, and topical cannabis (products for external use on skin, hair, and nails).

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Judges, Parliament, Brexit and Constitutional Change: Echoes of Stockdale v Hansard (1839)

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On October 21, 2019

In Constitutional

By: Lyndsay Campbell

PDF Version: Judges, Parliament, Brexit and Constitutional Change: Echoes of Stockade v Hansard (1839)

Matter Commented On: R (on the application of Miller) v The Prime Minister; Cherry et al vAdvocate General for Scotland, [2019] UKSC 41, available here: https://www.supremecourt.uk/cases/docs/uksc-2019-0192-judgment.pdf.

In making its recent decision to nullify Prime Minister Boris Johnson’s advice to the Queen to prorogue Parliament, the Supreme Court of the United Kingdom waded into deep constitutional water, raising the question of constitutional precedent and arguments about the propriety of judicial intervention in “political” matters. This comment describes the Miller decision and considers it against the backdrop of another huge constitutional controversy that began to unfold in London in 1838.

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Clare’s Law: Unintended Consequences for Domestic Violence Victims?

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On October 18, 2019

In State Responses to Violence

By: Jennifer Koshan and Wanda Wiegers

PDF Version: Clare’s Law: Unintended Consequences for Domestic Violence Victims?

Bill Commented On: Bill 17, Disclosure to Protect Against Domestic Violence (Clare’s Law) Act

On Wednesday the Alberta government introduced Bill 17, the Disclosure to Protect Against Domestic Violence (Clare’s Law) Act. Plans for this law were announced during the spring 2019 election campaign by the United Conservative Party (UCP). Given that the UCP voted against several measures to combat violence against women introduced by the previous NDP government, it is worth exploring why this government might prioritize such a law and what its impacts – both intended and unintended – might be.

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