University of Calgary Faculty of Law ABLawg.ca logo over mountains

Bill 12: a reprise

By

On May 2, 2019

In Natural Resources, Oil & Gas

By: Nigel Bankes

PDF Version: Bill 12: a reprise

Legislation Commented On: Preserving Canada’s Economic Prosperity Act, SA 2018, c P-21.5

Case Commented On: British Columbia (Attorney General) v Alberta (Attorney General), 2019 ABQB 121 (CanLII)

I commented on Preserving Canada’s Economic Prosperity Act (PCEPA) when it was first introduced in the spring of 2018: see “A Bill to Restrict the Interprovincial Movement of Hydrocarbons: a.k.a. Preserving Canada’s Economic Prosperity [Act]” (18 April, 2018). At that time, I expressed doubts as to the constitutional validity of elements of Bill 12 as it then was, especially those provisions pertaining to refined products as well as any implementation measures that might involve discrimination by destination with respect to any exports. I remain of that opinion.

What has changed since then is that PCEPA has now been proclaimed (April 30, 2019); that is to say, it now has the force of law in Alberta. Prior to proclamation, PCEPA was of no legal significance. It was that absence of legal significance that led Justice Hall in his judgment in British Columbia (Attorney General) v Alberta (Attorney General) in February of this year to dismiss British Columbia’s challenge to the legislation. Justice Hall concluded that any such attack, at least by way of a declaration as to invalidity, was premature:

Read More

(Final?) Brief re: Bill C-69 to the Senate Committee on Energy, Environment and Natural Resources

By

On April 30, 2019

In Administrative Law, Energy, Environmental

By: Martin Olszynski

Legislation Commented On:Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts

PDF Version: (Final?) Brief re: Bill C-69 to the Senate Committee on Energy, Environment and Natural Resources

The Senate Committee on Energy, Environment, and Natural Resources (the Committee) is in the final stages of its hearings into Bill C-69, which if passed will replace the current federal environmental assessment regime pursuant to the Canadian Environmental Assessment Act 2012, SC 2012 c 19 s 52 (CEAA, 2012). What follows is a slightly edited version of the brief that I submitted to the Committee last week, following my appearance before it on April 9, 2019, here in Calgary.

I am pleased to submit this brief to the Committee as part of your review of Bill C-69 – and the proposed Impact Assessment Act (IAA) in particular. Much has been said and written about Bill C-69. In addition to this brief, I myself have written or co-written the following articles/blogs since Bill C-69 was passed in the House of Commons:

My own contributions have been spurred less by a desire to defend the Bill and more to simply set the record straight. That is the spirit that animated my remarks to the Committee on April 9, 2019 and that is at the core of this brief, which is organized as follows:

Read More

Inter-Provincial Recognition of Substitute Decision-Making Documents: Personal Directives

By

On April 24, 2019

In Wills and Estates

By: Katherine MacKenzie

PDF Version: Inter-Provincial Recognition of Substitute Decision-Making Documents: Personal Directives

Report Commented On: Alberta Law Reform Institute, Inter-Provincial Recognition of Substitute Decision-Making Documents: Personal Directives, Final Report 113

A little over a year ago, I wrote a post about the Alberta Law Reform Institute’s (ALRI) project on the inter-provincial recognition of substitute decision-making documents. This was an implementation project, which means that it looked at whether sample, uniform legislation already researched and drafted by the Uniform Law Conference of Canada (ULCC) was suitable for enactment in Alberta.

At the time of that post, ALRI recommended that the ULCC’s uniform legislation should be implemented in Alberta, with some minor amendments. We also sought feedback on our preliminary recommendations for reform. Unfortunately, the consultation results did not support our preliminary recommendations and, as a result, ALRI is not in a position to make any final proposals. Instead, Final Report 113 summarizes the project’s consultation process and results, and highlights any policy alternatives or additional issues that may deserve further exploration and analysis.

Read More

Informer Privilege: A Fickle Friend?

By

On April 16, 2019

In Criminal

By: Kenryo Mizutani

PDF Version:Informer Privilege: A Fickle Friend?

Case Commented On: R v Named Person X, 2018 ABQB 827 (CanLII)

In the series “Mission: Impossible” the protagonist Ethan Hunt knows what is at stake. Before every new assignment, a self-destructing tape informs him of his new mission. The message ends with a disclaimer: “as always, should any member of your team be caught or killed, the Secretary will disavow all knowledge of your actions.” In serving his state, he knows that the state is a fickle friend: if he is compromised, he cannot expect any assistance. At least Ethan Hunt is fully aware of this before he sets off.

The situation of Named Person X (NPX) in the recent Alberta Court of Queen’s Bench decision, R v Named Person X, 2018 ABQB 827 (CanLII) is similar to Ethan Hunt’s. NPX is allegedly a police informer, and leaked information that resulted in successful arrests of several people. However, there is a twist: NPX was among those arrested. Just like the Secretary in “Mission: Impossible”, the Crown would “neither confirm nor deny that any informer privilege exists in relation to the Accused [NPX]” (at para 16). NPX filed an application for an order directing the Crown to disclose source handler notes related to NPX’s activity as an informer, and the central issue in Named Person X was whether this application should be granted or whether the notes were protected by informer privilege.

Read More

Hearsay? Another Perspective on Farm and Ranch Work and the Alleged Flaws of Bill 6

By

On April 9, 2019

In Labour/Employment

By: Jennifer Koshan

PDF Version: Hearsay? Another Perspective on Farm and Ranch Work and the Alleged Flaws of Bill 6

Matter Commented On: United Conservative Party Proposal to Repeal Bill 6, the Enhanced Protection for Farm and Ranch Workers Act; Hearsay Podcast of March 19, 2019

 Even before the provincial election was called, the United Conservative Party (UCP) announced that it would “make good on a key promise to Alberta’s farm families and repeal Bill 6.” The announcement claims that the Alberta New Democratic Party (NDP) failed to consult farmers in enacting the Bill, resulting in a loss of “public trust with farm and ranch families.” The UCP promises to “immediately launch comprehensive consultations with farmers, ranchers, agriculture workers and others on how best to balance the unique economic pressures of farming with the need for a common sense, flexible farm safety regime.” These consultations are intended to “develop recommendations for the introduction of the Farm Freedom and Safety Act (FFSA), which will be passed into law in 2019.”

Read More

Page 128 of 436

Previous

Next

Powered by WordPress & Theme by Anders Norén