Page 14

Legislative Reconciliation and Indigenous Rights of Self-Government: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families

On February 20, 2024

By: Robert Hamilton

Case Commented on: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 (CanLII) (“SCC Reference”).

PDF Version: Legislative Reconciliation and Indigenous Rights of Self-Government: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families

The Supreme Court recently delivered its judgement on the constitutionality of the Act respecting First Nations, Inuit and Métis children, youth and families, SC 2019, c 24 (“the Act”). This post summarizes this long-awaited decision. Colleagues and I will provide more detailed analysis of the Court’s rationale and the implications of the decision in subsequent posts.

Misunderstanding Cooperative Federalism: Environment and Climate Change Canada Unreasonably Failed to Protect Migratory Bird Habitat

By Drew Yewchuk

On February 19, 2024

In Protection of Species

By: Drew Yewchuk

Case Commented on: Western Canada Wilderness Committee v Canada (Environment and Climate Change), 2024 FC 167 (CanLII)

PDF Version: Misunderstanding Cooperative Federalism: Environment and Climate Change Canada Unreasonably Failed to Protect Migratory Bird Habitat

Western Canada Wilderness Committee v Canada (Environment and Climate Change), 2024 FC 167 (CanLII) is a recent decision of the Federal Court rejecting the federal Minister of Environment and Climate Change’s restrictive interpretation of migratory bird habitat under the Species at Risk Act, SC 2002, c 29 (SARA). The decision also offers some interesting notes about co-operative federalism in the environmental context.

An Open Letter to Premier Danielle Smith Re: “Preserving choice for children and youth” Announcement

By Admin

On February 15, 2024

In Constitutional, Equality, Equity, Diversity, and Inclusion, Youth and the Law

Matter Commented On: Government of Alberta, News Release, “Preserving choice for children and youth” (1 February 2024)

PDF Version: An Open Letter to Premier Danielle Smith Re: “Preserving choice for children and youth” Announcement

Editor’s Note:

This post is a reproduction of a letter sent by faculty members, legal researchers, and staff at the University of Alberta and University of Calgary Faculties of Law to the Premier of Alberta regarding the government’s announcement of restrictions targeting transgender youth.

Premier Danielle Smith
Office of the Premier
307 Legislature Building
10800 – 97 Avenue
Edmonton, Alberta
T5K 2B6

By email: premier@gov.ab.ca

12 February 2024

Dear Premier Smith:

Re: “Preserving choice for children and youth” announcement

We are faculty members, legal researchers, and staff at the University of Alberta and University of Calgary Faculties of Law. We have come together to express our deep concerns with the government’s announcement of restrictions targeting transgender youth. These restrictions will harm Two-Spirit, trans, and gender diverse children and youth by undermining their education, restricting their access to healthcare, and narrowing their sport and recreation opportunities. We believe these restrictions violate their rights, as enshrined in the Canadian Charter of Rights and Freedoms (the “Charter”).

Utility Law Meets Net Zero

By Nigel Bankes

On February 9, 2024

In Energy

By: Nigel Bankes

Decisions Commented on: Ontario Energy Board, “Decision and Order, EB-2022-0200, Enbridge Gas Inc, Application for 2024 Rates – Phase 1”, December 21, 2023 [Enbridge Decision]; British Columbia Utilities Commission, “FortisBC Energy Inc. Application for Certificate of Public Convenience and Necessity for the Okanagan Capacity Upgrade Project”, Decision and Order G-361-23, December 22, 2023 [Fortis Decision].

PDF Version: Utility Law Meets Net Zero

Utility connections for gas, electricity, and water tend to be long-lived, capital-intensive projects that typically depreciate over the expected life of the asset. At the same time, depreciation rates should also reflect the risk that an asset may be abandoned or cease to be “used and useful” before the end of its physical life. To give an easy (non-climate) example, suppose that a mine seeks an electrical utility connection. The dedicated distribution line that the mine requires might be expected to have a useful life of 40 years, but the mine itself only has proven reserves for a twenty-year life. If the local utility provides service, it will seek approval to depreciate that line over a maximum of a 20-year period. If it were to use a 40-year period and the mine shut down as expected when the ore body was exhausted after 20 years, the utility would have a stranded asset; that is to say it would have an asset that had lost its utility before the end of its physical life and for which the utility could not obtain a return of the undepreciated cost of the asset (50%).

Grading the AER Liability Management Performance Report

By Shaun Fluker

On February 8, 2024

In Energy, Oil & Gas

By: Shaun Fluker, Drew Yewchuk, and Martin Olszynski

Report Commented On: Liability Management Performance Report

PDF Version: Grading the AER Liability Management Performance Report

On January 17, 2024 the Alberta Energy Regulator (AER) published a Liability Management Performance Report. This is the first published AER report to the public on progress being made by industry under the Liability Management Framework to reduce Alberta’s massive unfunded closure liability in the conventional (non-oil sands) oil and gas sector. The last comparable report from the AER on liability management was from September 2005. Somewhat predictably, in its news release, the AER reflected positively on industry’s performance and indicated that this will be an annual report with the objective of “. . . improving transparency of industry’s management of conventional oil and gas liabilities as well as to develop performance measure baselines and ongoing assessments of the industry as a whole and licensees specifically.” The response elsewhere was less enthusiastic. Some, like the Rural Municipalities of Alberta, reserved judgment pending further analysis; while others more critically noted that the Report curiously understates the overall liability amount, using a liability calculation method from 2015 that subsequent analysis by the AER revealed to be a vast under-estimation. The Report provides some aggregated data and licensee-specific information and accordingly gets partial marks for some transparency, but it absolutely fails to give the public adequate context to fully understand whether this should be read as good or poor performance by industry and says almost nothing at all about the AER’s performance. Secrecy and capture continue to govern liability management in Alberta.